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Carnegie Endowment for International Peace 

DIVISION OF INTERNATIONAL LAW 



The Hague 

Conventions and Declarations 

of 1899 and 1907 



accompanied by 

Tables of Signatures, Ratifications and 

Adhesions of the Various Powers, 

and Texts of Reservations 

EDITED BY 

JAMES BROWN SCOTT 

DIRECTOR 



NEW YORK 

OXFORD UNIVERSITY PRESS 

AMERICAN BRANCH : 35 WEST 32ND STREET 

LONDON, TORONTO, MELBOURNE, AND BOMBAY 

HUMPHREY MILFORD 

I915 








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/ / 



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'i nr<J 



COPYRIGHT 1915 

BY THE 

CARNEGIE ENDOWMENT FOR INTERNATIONAL PEACE, 
Washington, D. C. 



Byron S. Adams, Printer, 
washington, d. c. 



The Hague 

Conventions and Declarations 

of 1899 and 1907 



DEPARTMENT OF STATE 

Washington, December 23, 1914. 
Sir: 

I received your letter of the 3d instant, requesting that the Department verify 
from its official records, the tables of signatures, ratifications, adhesions and 
reservations to the Conventions and Declarations of the First and Second Hague 
Conferences, which you enclosed and which you propose to issue as a publication 
of the Carnegie Endowment for International Peace. 

In reply I have to advise you that such verification has been made, and that the 
enclosed tables as corrected are regarded as accurate and complete, so far as shown 
by the archives of the Department. 

It is desired that the enclosed corrected tables be returned to the Department 
for the completion of its files, as soon as they have been printed. 

I am, sir, 

Your obedient servant, 

Robert Lansing. 

Counselor. 

Dr. James Brown Scott, 

Director, Division of International Law, 

Carnegie Endowment for International Peace, 
2 Jackson Place, Washington, D. C. 



ROYAL LEGATION OF THE NETHERLANDS 

Washington, February 27, 1915. 
My dear Sir : 

I have been instructed by the Minister of Foreign Affairs at The Hague to re- 
turn to you the enclosed Pamphlet No. 3 of the Division of International Law of 
the Carnegie Endowment for International Peace, and advise you that there was 
not a single correction or addition to be made in its contents. 

Mr. Loudon adds that he should feel very obliged to you if you would send 
him some more copies of the pamphlet in question and asks me to heind you the 
enclosed two lists made up by the RoyeJ Department of Foreign Affairs concerning 
the same subject. 



Believe me, dear Mr. Scott, 



Mr. James Brown Scott. 

Carnegie Endowment for International Peace, 
2 Jackson Place, Washington, D. C. 



Yours sincerely, 

W. L. F. C. V. Rappard. 

Minister from the Netherlands. 



CONTENTS 

PAGE 

Preface iii 

Introduction v 

Documents chiefly relating to the call of the Conferences xiv 

Russian note proposing the first Conference xiv 

Russian note proposing the program of the first Conference xv 

Netherland invitation to the first Conference xviii 

American note of October 21, 1904, regarding the second Conference xix 

American note of December 16, 1904, regarding the second Conference xxiii 

Russian note proposing the second Conference xxv 

Russian note proposing the program of the second Conference xxvi 

Netherland invitation to the second Conference xxix 

Protocol regarding adhesions to 1899 Convention I xxix 

Proces-verbal of adhesions of Latin American States xxx 

The Final. Acts of the First and Second Conferences 1 

Annex : Draft convention on a judicial arbitration court 31 

Signatures and reservation 39 

Conventions I of 1899 and 1907 for the pacific settlement of inter- 
national disputes 41 

Ratifications, adhesions and reservations 81 

Convention II of 1907 respecting the limitation of the employment 

OF FORCE FOR THE RECOVERY OF CONTRACT DEBTS 89 

Ratifications, adhesions and reservations 91 

Convention III of 1907 relative to the opening of hostilities 96 

Ratifications, adhesions and reservations 98 

Conventions II of 1899 and IV of 1907 respecting the laws and cus- 
toms OF WAR ON LAND 100 

Ratifications, adhesions and reservations 129 

Convention V of 1907 respecting the rights and duties of neutral 

powers and persons in case of war on land 133 

Ratifications, adhesions and reservations 139 

Convention VI of 1907 relating to the status of enemy merchant 

ships at the outbreak of hostilities 141 

Ratifications, adhesions and reservations 144 

Convention VII of 1907 relating to the conversion of merchant ships 

INTO war-ships 146 

Ratifications, adhesions and reservations 149 



ii CONTENTS 

Page 
Convention VIII of 1907 relative to the laying of automatic sub- 
marine CONTACT mines 151 

Ratifications, adhesions and reservations 155 

Convention IX of 1907 concerning bombardment by naval forces in 

TIME of war 157 

Ratifications, adhesions and reservations 161 

Conventions III of 1899 and X of 1907 for the adaptation to maritime 

warfare of the principles of the Geneva Convention 163 

Ratifications, adhesions and reservations 178 

Convention XI of 1907 relative to certain restrictions with regard 

TO the exercise of the right of capture in naval war 182 

Ratifications, adhesions and reservations 186 

Convention XII of 1907 relative to the creation of an international 

PRIZE court 188 

Additional Protocol of 1910 204 

Ratifications, adhesions and reservations 208 

Convention XIII of 1907 concerning the rights and duties of neutral 

POWERS IN naval WAR 209 

Ratifications, adhesions and reservations 217 

Declarations of 1899 and 1907 prohibiting the discharge of projec- 
tiles AND explosives FROM BALLOONS 220 

Ratifications, adhesions and reservations 221 

Declaration of 1899 concerning asphyxiating gases 225 

Ratifications, adhesions and reservations 226 

Declaration of 1899 concerning expanding bullets 227 

Ratifications, adhesions and reservations 228 

Summary of the signatures, ratifications, adhesions and reserva- 
tions TO the Conventions and Declarations of the First 

Conference 229 

Tabular statement 230-232 

Texts of reservations 233 

Summary of the signatures, ratifications, adhesions and reserva- 
tions TO THE Conventions and Declaration of the Second 

Conference 235 

Tabular statement -. 236-239 

Texts of reservations 240 

Index of persons 261 

Index-digest 267 



PREFACE 

In view of the very great interest at the present time in the Con- 
ventions and signed Declarations of the First and Second Hague Con- 
ferences, and because of the need of accurate information as to ratifi- 
cations of and adhesions to the Conventions and Declarations relating 
to war, the Endowment has prepared a series of pamphlets in order 
that the pubhc may learn from reliable sources the status of these 
international agreements and the extent to which the Powers at 
war are bound by their provisions. The pamphlets have now been 
brought together and issued in volume form, to which there have been 
added introductory matter and a carefully prepared and elaborate 
index. 

Attention is called to the tables of signatures, ratifications, adhe- 
sions and reservations of the two Conferences, pages 229 et seq. The 
compilation has been made from official sources, and the tables have 
been certified as correct by the Department of State of the United 
States and by the Minister of Foreign Affairs of the Netherlands. In 
all cases the reservations contained in the proceedings of the two Con- 
ferences, but only referred to in the tables issued by the International 
Bureau of the Permanent Court of Arbitration, have been translated 
and printed in full, with the references to the official reports where the 
reservations are found. Without the complete text of a reservation, it 
is impossible to know to what extent a Power is bound. 

The Conventions and signed Declarations of the two Conferences are 
accompanied by the respective lists of countries which have (a) rati- 
fied, or (b) adhered to, or (c) signed but not ratified them, with the 
date of the particular action taken. Each Convention or Declaration 
is followed also by the texts of reservations. 

The English translations of the original French texts of the several 
Conventions and Declarations, and Final Acts of the Conferences re- 
produce the official translations of the Department of State, except 
that a few obvious misprints and occasional mistranslations have been 
corrected. Marginal notes have been added to facilitate reference. 

The Conventions and Declarations are numbered as in the Final 
Acts. 



lY PREFACE 

The official published proceedings of the First Conference are 
referred to in the footnotes as Proc^s-verbaux, those of the Second as 
Actes et documents. The full titles of the publications are respective- 
ly : ( 1 ) Conference Internationale de la paix. La Haye, i8 mai-2p 
juillet, i8pp. Ministere des affaires etrangeres. Nouvelle edition. La 
Haye. Martinus Nijhoff, iQoy; (2) Deuxieme conference interna- 
tional de la paix. La Haye, 75 juin-iS octobre, ipoy. Actes et docu- 
ments. Ministere des affaires etrangeres. La Haye, imprimerie na- 
tionale, 1907. 

J. B. S. 

Washington, D. C, 
February 27, 191 5. 



INTRODUCTION 

In order that the reader may have a clear idea of the origin and 
nature of the Hague Conferences, some remarks of a general nature 
are prefixed, and some documents relating to the call, the nature, and 
the scope of the Conferences have been printed by way of introduction. 

On August 12/24, 1898, the Russian Minister of Foreign Affairs, 
Count Mouraviefif, handed to the diplomatic representatives at Petro- 
grad a circular note proposing a conference of the Governments having 
diplomatic representatives at the Imperial Court, to consider "a. possible 
reduction of the excessive armaments which weigh upon all nations." 
The note declared the maintenance of general peace and the reduction 
of armaments "as the ideal toward which the endeavors of all Govern- 
ments should be directed," and it further stated the belief of the Im- 
perial Government "that the present moment would be very favorable 
for seeking, by means of international discussion, the most effective 
means of ensuring to all peoples the benefits of a real and lasting 
peace, and, above all, of limiting the progressive development of exist- 
ing armaments."^ 

The conference, therefore, was to meet in the interest of general 
peace and as a means to this general peace "progressive development 
of existing armaments" was to be checked, and a "possible reduction 
of the excessive armaments which weigh upon all nations" was to be 
attempted. The note, as was to be expected, was general in its terms, 
as its purpose was to state broadly the purpose of the conference and 
to secure an expression of opinion from the Powers invited. 

As the result of an exchange of notes a second circular was handed, 
December 30, 1898/January 11, 1899, by Count Mouravieff to the 
diplomatic representatives at Petrograd. In this note the Russian Gov- 
ernment stated, within the compass of a sentence, the Czar's purpose 
to be "the meeting of a conference with the object of seeking the most 
efTective means of ensuring to all peoples the benefits of a real and 
lasting peace, and, above all, of limiting the progressive development 
of existing armaments." The second note, after mentioning "the cordial 

^Post, p. xiv. 



vi INTRODUCTION 

reception accorded by nearly all the Powers to the step taken by the 
Imperial Government," sketched a program for the conference.^ 

While keeping the limitation of armaments to the fore, the note 
recommended the adaptation to naval war of the stipulations of the 
Geneva Convention of 1C64, the revision of the Declaration of Brus- 
sels of 1874, dealing with land warfare, which had not been ratified, 
and, above and beyond all, "the acceptance, in principle, of the use of 
good offices, mediation, and voluntary arbitration, in cases where they 
are available, with the purpose of preventing armed conflicts between 
nations." 

The Hague was selected for the meeting of the conference, and, at 
the request of Russia, the Netherland Government issued the invita- 
tions to the Powers accredited to Petrograd.^ 

The Conference, by a delicate compliment, assembled on the Czar's 
birthday. May 18, 1899, and adjourned on July 29, 1899. In all, twenty- 
six Governments were represented in the Conference. Of American 
countries, only the United States and Mexico took part.^ 

The Conference failed to efifect the purpose for which it was origi- 
nally called, as the larger Powers, particularly Germany, were un- 
willing to agree to a limitation, much less to a reduction, of armaments ; 
but the Convention for the pacific settlement of international disputes 
was negotiated, which alone would have justified any conference. Not- 
withstanding the importance of this Convention, the Conference itself 
was more important than its labors, because it showed the possibility 
of twenty-six nations meeting in conference and agreeing upon meas- 



^Post, p. XV. -Post, p. xviii. 

^Brazil was accredited to Petrogad and was invited. In a note of the 
Brazilian Government dated January 27, 1899, the following reasons are given 
for declining the invitation : 

"The crises through which Brazil has passed in recent years and which have 
greatly weakened her are too well known to need more than mention here; 
both our naval forces and our land forces have been greatly reduced and our 
financial condition is one of suffering. 

"Accordingly, the only thought of the new administration is to reconstitute 
our credit, to develop our resources, and to reorganize our military forces in 
order to preserve peace. This is why my Government would not care to obligate 
itself to maintain the military status quo. 

"Brazil, like Russia at an historical moment, is occupying herself with re- 
gaining her strength and desires to stand apart when possible from questions 
that do not touch her directly. Moreover, in view of her great distance and 
her lack of influence in the political affairs of Europe, her role in the Conference 
would be of no importance." [Relatorio apresentado ao presidente da Republica 
dos Estados Unidos do Brazil pelo mmistro de estado das relacoes cxteriores, 
1899, annex 1, p. 74.] 



INTRODUCTION vii 

ures of interest to the world's welfare. An idea is generally greater 
than its realization. 

The Conference from the time of its meeting was popularly called a 
Peace Conference, and the delegates appear to have accepted this desig- 
nation without formal or official action. 

It had been expected by Baron de Staal, the President of the Con- 
ference, that a new one would meet the next year.^ The years sHpped 
by, and Russia, which called the Conference, found itself at war with 
Japan. The Interparliamentary Union, at its meeting in St. Louis in 
1904, therefore urged the President of the United States to call a 
second conference. President Roosevelt gladly acceded to this request 
and sounded the Powers as to their willingness to meet again in con- 
ference at The Hague. This was done by a note of Secretary of State 
Hay, dated October 21, 1904, to the American diplomatic representa- 
tives accredited to the Governments signatory to the Acts of the First 
Hague Conference.^ 

The Powers expressed their willingness to take part in a second con- 
ference, as is stated in the second note of Secretary Hay of December 
16, 1904.3 

The termination of the Russo-Japanese War through the good offices 
of President Roosevelt turned the Czar's thoughts again to peace and to 
the Conference which he had called into being. He therefore resumed 
the initiative and himself proposed a second peace conference at The 
Hague. 

The Powers accepted this invitation and the program was drafted by 
Russia in a note to Secretary of State Root, dated April 12, 1906.* 
The Powers were invited by the Netherland Government in April, 
1907, to meet at The Hague on June 15.^ The Conference met as in- 
vited and adjourned on October 18, 1907. 

It will be recalled that the United States and Mexico were the only 
American Powers represented at the first Conference. Brazil had been 
invited but had declined the invitation. The United States, however, was 
unwilling to participate in a second Conference unless the other Re- 



iHonorable Andrew D. White, first delegate of the United States to the 
First Conference says in his interesting and valuable Autobiographv (vol. ii, 
p. 272) : 

"A delegate also informed me that in talking with M. de Staal the latter 
declared that in his opinion the present Conference is only the first of a series, 
and that it is quite likely that another will be held next winter or next 
spring." 

^Post, p. xix. ^Post, p. xxiii. *Post, p. xxvi. ^Post, p. xxix. 



viii INTRODUCTION 

publics of America were asked to attend. It was advisable, if not 
necessary, that the American Republics should formally approve and 
agree to be bound by the various Hague agreements. Therefore the 
American States which did not subscribe to the three Conventions 
signed at The Hague on July 29, 1899, formally recognized "as 
a part of public international American law the principles set 
forth therein."^ The Convention for the pacific settlement of inter- 
national disputes was, however, what is known as a closed Conven- 
tion ; that is to say, it could be adhered to by Powers not participating 
in the First Conference only by the consent of the signatory Powers. 
The United States and Mexico were authorized on January 15, 1902, 
by the Second Pan American Conference, which met at Mexico, "to 
negotiate with the other signatory Powers of the Convention for the 
adherence thereto of the American nations so requesting and not now 
signatory to the said Convention."^ Through the good offices of the 
United States an agreement was reached and a protocol signed at 
The Hague on June 14, 1907, "to enable the States that were not rep- 
resented at the First Peace Conference and were invited to the Second 
to adhere to the aforesaid Convention."^ A proces-verbal of adhesions 
was drawn up the next day, which the Latin American States promptly 
signed.^ They thus became entitled to the benefits of this epoch- 
making Convention. Likewise, through the good offices of the United 
States, due to the enlightened statesmanship and generous forethought 
of Secretary Root, the Latin American Republics not invited to the 
First Conference were invited to the Second, and, with the exception 
of Honduras, which unfortunately was in the throes of a revolution,, 
and of Costa Rica, which did not send delegates, they were all repre- 
sented and took part in the Conference. 

The Conventions of 1899 were revised and some ten new ones 
adopted by the Second Conference. But important as these docu- 
ments were and are, the Conference itself was still more important. 
The First Conference was in the nature of an experiment, which 
showed, however, that the representatives of twenty-six States could 
meet and confer and devise measures of use to mankind. The Second 
Conference, in which forty-four States were represented, demon- 
strated that practically all nations of the world, recognizing and apply- 
ing international law, could meet together, discuss and debate matters 



1 Senate Document No. 330, 57th Cong., 1st sess., p. 37. 
^Post, p. xxix. ^Post, p. XXX. 



INTRODUCTION jx 

of universal interest, and, just as smaller and more exclusive bodies, 
reach results of the greatest value to mankind. The Hague Confer- 
ence thus passed through the experimental stage and became a recog- 
nized international institution. 

What is the nature of this international institution ? It is sometimes 
called the Parliament of Man, but this title is both misleading and in- 
accurate. It is not a parliament in the technical sense, and its actions 
only affect the States represented. It is a diplomatic body in which 
each State may be represented by as many delegates as it chooses to 
send, but its delegates, however numerous, vote as a unit ; that is to 
say, each State has but a single vote. Each State is recognized in 
international law as the equal of every other State before the law. No 
authority should be needed for this axiom, but as large States are 
often said to have greater rights than little ones, thus confusing legal 
right with political influence, the measured and impressive language 
of Chief Justice Marshall should be quoted on this point. In the 
Antelope (10 Wheaton 63, 122), decided by the Supreme Court of the 
United States in 1825, that great and just judge said, speaking for a 
unanimous Court: 

No principle of general law is more universally acknowledged 
than the perfect equality of nations. Russia and Geneva have 
equal rights. It results from this equality that no one can right- 
fully impose a rule on another. Each legislates for itself, but its 
legislation can operate on itself alone. 

Likewise, on the point of equality. Sir William Scott (Lord Stowell), 
another great judge of the EngHsh-speaking peoples, had already said, 
in the Louis (2 Dodson, 210) : 

I have to observe, that two principles of public law are gen- 
erally recognized as fundamental. One is the perfect equality 
and entire independence of all distinctive States. Relative magni- 
tude creates no distinction of right; relative imbecility, whether 
permanent or casual, gives no additional right to the more power- 
ful neighbor ; and any advantage seized upon that ground is mere 
usurpation. This is the great foundation of public law, which it 
mainly concerns the peace of mankind, both in their politic and 
private capacities, to preserve inviolate. The second is, that all 
nations being equal, all have an equal right to the uninterrupted 
use of the unappropriated parts of the ocean for their navigation. 



X INTRODUCTION 

It necessarily follows that no State is superior to the other, as among 
equals there is not and can not be a superior. Hence, a State is only 
bound by the action of the Conference if it consents to it. The una- 
nimity rule prevails in diplomatic conferences. Majorities and mi- 
norities, in the parliamentary sense of the word, are unknown. 

A body of this kind is, as its name implies, a Conference. It is not 
a legislature. Its Conventions are recommendations to the Govern- 
ments participating in the Conference to adopt them according to their 
respective laws and to deposit the ratifications of them, in accordance 
with the terms of the Conventions, at The Hague. The signing of a 
Convention by the delegates at The Hague creates no legal obligation. 
As the delegates act under instructions it does, however, create a moral 
obligation to submit the Conventions and signed Declarations to the 
appropriate branch of the Government in order to be duly approved 
by this body and to invest them with the force of law in so far as the 
particular country is concerned. The Conventions and signed Decla- 
rations become binding only after the ratifications have been deposited 
at The Hague. 

It sometimes happens that a nation does not sign a Convention. It 
may later change its mind. If the time is past for signing it may, how- 
ever, adhere to the Convention, and the deposit of the instrument of 
adherence at The Hague, in accordance with the terms of the Con- 
vention, has the effect of ratification. It should be said that only the 
formal agreements of the Conference, such as the Conventions and 
signed Declarations, are ratified. The informal agreements, such as 
the unsigned declarations, resolutions, recommendations and vocux 
(a cross between a wish and a hope), are not signed separately. The 
formal Conventions and signed Declarations are in the nature of con- 
tracts which, when ratified and deposited at The Hague, become bind- 
ing upon the ratifying Governments. The informal agreements are 
not contracts. They are expressions of opinion by the Conference 
and, as such, have a moral, though not a legal, value. They are not 
issued separately but are contained in the Final Act, which is an 
official summary of the proceedings of each Conference. As such it is 
signed by the delegates but not ratified by the participating States. 

It is not the purpose of this brief note to comment in detail upon the 
formal or informal agreements of the Conferences, as they speak for 
themselves. It is, however, advisable to make some general obser- 
vations upon the Conventions and signed Declarations dealing with 



INTRODUCTION xi 

war, upon the Prize Court Convention, and upon the Convention for 
the estabHshment of a Court of Arbitral Justice. 
; Most of the Conventions and the signed Declarations concerning war 
contain a clause to the effect that they only bind belligerents which have 
ratified them, and then only if all the belligerents are contracting Pow- 
ers. It is therefore necessary to ascertain whether all belligerents have 
ratified a particular Convention before pronouncing it to be in effect 
as regards them. It should, however, be pointed out that the failure 
of a belligerent to ratify a particular Convention only means that the 
Convention as such is not binding upon it; it does not and can not 
mean that the principles of law contained in the Convention may not 
bind the conduct of the parties. It is therefore necessary still further 
to ascertain whether the provisions of the Convention are merely a 
codification of international law. In this event the provisions are bind- 
ing as international law, although the Convention itself, or this part 
of it, may be ineffective. A careful examination of the Conventions of 
the two Conferences will show that most of their provisions are declara- 
tory, not amendatory, of international law, and that the failure of one 
Power or of any number of Powers to ratify them is merely to be re- 
garded as the rejection of a codified text, not as the rejection of prin- 
ciples of international law, which no Power can reject without exclud- 
ing itself from the society of nations. 

A word should be said about the Additional Protocol to the Conven- 
tion for the International Prize Court. By this Convention an appeal 
could be taken from the judgment of the highest court of a particular 
country to the Prize Court at The Hague, a provision which met with 
some opposition in the United States. Secretary Root therefore pro- 
posed that, to obviate possible constitution diflficulties, the question at 
issue between the Governments and decided in the national judgment 
should be submitted to the Prize Court instead of the judgment of 
the court of last resort. The result would be a decision upon the 
merits of a case without a reversal of the national judgment. An 
additional protocol modifying the Prize Court Convention in this sense 
was signed at The Hague, September 19, 1910, by thirteen Powers 
and has since been signed by every signaton,^ of the Prize Court Con- 
vention itself. The text of this document is therefore included in the 
collection, as it is necessary to a correct understanding of the nature 
and functions of the proposed Prize Court. 



xii INTRODUCTION 

Finally, the attention of the reader should be called to the fact that 
a Draft Convention for the establishment of a Permanent Court of 
Justice was adopted by the Second Conference. Unable to agree upon 
the method of appointing the judges, the Conference nevertheless de- 
clared itself in favor of instituting the Court, through diplo- 
matic channels, after the adjournment of the Conference, as appears 
from the following voeii: 

The Conference recommends to the signatory Powers the adop- 
tion of the annexed Draft Convention for the creation of a Judicial 
Arbitration Court, and the bringing it into force as soon as an 
agreement has been reached respecting the selection of the judges 
and the constitution of the Court. 

Like the Prize Court, the Court of Arbitral justice has not yet been 
established, but there can be no doubt that one or the other will be 
constituted, or that a tribunal with the jurisdiction of both will be 
created and be installed at The Hague at no distant date. 

It has been said that the Hague Conference, from being an experi- 
ment, has become an institution. In support of this statement the 
following passage is quoted from the Final Act of 1907: 

Finally, the Conference recommends to the Powers the assembly 
of a Third Peace Conference, which might be held within a period 
corresponding to that which has elapsed since the preceding Con- 
ference, at a date to be fixed by common agreement between the 
Powers, and it calls their attention to the necessity of preparing 
the program of this Third Conference a sufficient time in advance 
to ensure its deliberations being conducted with the necessary 
authority and expedition. 

Eight years intervened between the First and the Second Confer- 
ence. The Third therefore should, in accordance with this recommen- 
dation, have been held in 1915. The date of meeting, however, is un- 
important, if it be admitted that the meeting should and must take 
place. The Conference should meet automatically at regular, stated 
periods. It will doubtless do so, and when an international conference 
meets at short intervals at The Hague the world will have an institu- 
tion which can not only codify but can develop international law to 
meet the needs of nations, binding all because made and accepted by 
all, and adopt measures conceived not in the interest of any one 



INTRODUCTION xiii 

country but of all countries, for the Conference is in reality a law- 
making body. 

As to the value of the Hague Conferences, there can be no doubt. 
On this point Secretary Root said, in submitting the Hague Conven- 
tions of 1907 for consideration by the Senate: 

Let me go beyond the limits of the customary formal letter of 
transmittal and say that I think the work of the Second Hague 
Conference, which is mainly embodied in these Conventions, pre- 
sents the greatest advance ever made at any single time toward 
the reasonable and peaceful regulation of international conduct, 
unless it be the advance made at the Hague Conference of 1899. 

The most valuable result of the Conference of 1899 was that it 
made the work of the Conference of 1907 possible. The achieve- 
ments of the two Conferences justify the belief that the world has 
entered upon an orderly process through which, step by step, in 
successive Conferences, each taking the work of its predecessor 
as its point of departure, there may be continual progress toward 
making the practice of civilized nations conform to their peace- 
ful professions.^ 

We must not expect too much at once. The world moves slowly, 
but it moves. To quote the graceful language of the creator of the 
Conference, the present enlightened Czar Nicholas: "One must wait 
longer when planting an oak than when planting a flower." 

James Brown Scott, 
Director of the Division of International Law. 



^Senate Document No. 444, 60th Cong., 1st sess., p. 62. 



DOCUMENTS CHIEFLY RELATING TO THE CALL OF THE 

CONFERENCES 

RUSSIAN CIRCULAR NOTE PROPOSING THE FIRST PEACE CONFERENCE^ 

The maintenance of general peace and a possible reduction of the 
excessive armaments which weigh upon all nations present themselves, 
in the existing condition of the whole world, as the ideal towards which 
the endeavors of all Governments should be directed. 

The humanitarian and magnanimous views of His Majesty the Em- 
peror, my august master, are in perfect accord with this sentiment. 

In the conviction that this lofty aim is in conformity with the most 
essential interests and the legitimate aspirations of all Powers, the 
Imperial Government believes that the present moment would be very 
favorable for seeking, by means of international discussion, the most 
effective means of ensuring to all peoples the benefits of a real and 
lasting peace, and above all of limiting the progressive development of 
existing armaments. 

In the course of the last twenty years the longings for a general state 
of peace have become especially pronounced in the consciences of civil- 
ized nations. The preservation of peace has been put forward as the 
object of international policy. In its name great States have formed 
powerful alliances; and for the better guaranty of peace they have 
developed their military forces to proportions hitherto unknown and 
still continue to increase them without hesitating at any sacrifice. 

All these efforts nevertheless have not yet led to the beneficent results 
of the desired pacification. 

The ever-increasing financial charges strike and paralyze public pros- 
perity at its source; the intellectual and physical strength of the na- 
tions, their labor and capital, are for the most part diverted from their 
natural application and unproductively consumed; hundreds of millions 
are spent in acquiring terrible engines of destruction, which though 
to-day regarded as the last word of science are destined to-morrow to 



^Handed to the diplomatic representatives AuRUst 12/24, 1898, by Count 
_Mouravieff, Russian Minister for Foreign Affairs, during the weekly reception 
in the Foreign Oflfice, Petrograd. French text in Actes et documents relatifs au 
programme de la Conference de la paix, publics d'ordre du Gouvernement (The 
Hague, 1899) ; British Parliamentary Paper, Russia, No. 1, 1899, p. 1 ; French 
Diplomatic Document, Conference infernattonale de la paix, 189Q. p. 1. English 
versions in Foreign Relations of the United States, 1898, p. 541 ; Holls, The 
Peace Conference at The Hague, p. 8; Scott, The Hague Peace Conferences of 
i8qq and 1907, vol. ii, p. 1 ; Moore, Digest of International Law, vol. 7, p. 78 ; 
Darby, International Tribunals (4th ed.), p. 634; and the British Parliamentary 
Paper above cited. 



DIPLOMATIC CORRESPONDENCE xv 

lose all value in consequence of some fresh discovery in the same field. 
National culture, economic progress, and the production of wealth are 
either paralyzed or perverted in their development. 

Moreover, in proportion as the armaments of each Power increase, 
so do they less and less attain the object aimed at by the Governments. 
Economic crises, due in great part to the system of amassing arma- 
ments to the point of exhaustion, and the continual danger which lies in 
this accumulation of war material, are transforming the armed peace 
of our days into a crushing burden which the peoples have more and 
more difficulty in bearing. It appears evident, then, that if this state of 
affairs be prolonged, it will inevitably lead to the very cataclysm which 
it is desired to avert, and the impending horrors of which are fearful 
to every human thought. 

In checking these increasing armaments and in seeking the means of 
averting the calamities which threaten the entire world lies the supreme 
duty to-day resting upon all States. 

Imbued with this idea, His Majesty has been pleased to command 
me to propose to all the Governments which have accredited represen- 
tatives at the Imperial Court the holding of a conference to consider 
this grave problem. 

This conference would be, by the help of God, a happy presage for 
the century about to open. It would converge into a single powerful 
force the efforts of all the States which sincerely wish the great con- 
ception of universal peace to triumph over the elements of disturbance 
and discord. It would at the same time cement their agreement by a 
solemn avowal of the principles of equity and law, upon which re- 
pose the security of States and the welfare of peoples. 

Count Mouravieff. 

St. Petersburg, August 12, i8q8. 



RUSSIAN CIRCULAR NOTE PROPOSING THE PROGRAM OF THE FIRST 

CONFERENCE^ 

St. Petersburg, December jo, i8q8} 
When, during the month of August last, my august master com- 
manded me to propose to the Governments which have representatives 



^Handed to the diplomatic representatives at Petrograd, January 11, 1899, 
by Count Mouravieff. French text in Actes et documents relatifs au programme 
de la Conference de la paix ; British Parliamentary Paper, Miscellaneous, No. 1, 
1899, p. 2; French Diplomatic Document, Conference internationale de la paix, 



xvi DIPLOMATIC CORRESPONDENCE 

in St. Petersburg the meeting of a conference with the object of seek- 
ing the most effective means of ensuring to all peoples the benefits of a 
real and lasting peace and, above all, of limiting the progressive de- 
velopment of existing armaments, there appeared to be no obstacle 
in the way of realization at no distant date of this humanitarian scheme. 

The cordial reception accorded by nearly all the Powers to the step 
taken by the Imperial Government could not fail to strengthen this 
expectation. While highly appreciating the sympathetic terms in which 
the adhesions of most of the Powers were expressed, the Imperial 
Cabinet has been also able to collect, with lively satisfaction, evidence 
of the warmest approval which has reached it, and continues to be re- 
ceived, from all classes of society in various parts of the world. 

Notwithstanding the strong current of opinion which exists in favor 
of the ideas of general pacification, the political horizon has recently 
undergone a decided change. Several Powers have undertaken fresh 
armaments, striving to increase further their military forces, and in 
the presence of this uncertain situation it might be asked whether the 
Powers consider the present moment opportune for the international 
discussion of the ideas set forth in the circular of August 12/24. 

In the hope, however, that the elements of trouble agitating political 
centers will soon give place to a calmer disposition of a nature to favor 
the success of the proposed conference, the Imperial Government is of 
the opinion that it would be possible to proceed forthwith to a prelim- 
inary exchange of ideas between the Powers, with the object : 

(a) Of seeking without delay means for putting a limit to the pro- 
gressive increase of military and naval armaments, a question the solu- 
tion of which becomes evidently more and more urgent in view of 
the fresh extension given to these armaments; and 

(b) Of preparing the way for a discussion of the questions relating 
to the possibility of preventing armed conflicts by the pacific means at 
the disposal of international diplomacy. 

In the event of the Powers considering the present moment favorable 
for the meeting of a conference on these bases it would certainly be 
useful for the cabinets to come to an understanding on the subject of 
the program of its work. 

/' The subjects to be submitted for international discussion at the con- 
1 f erence could in general terms, be summarized as follows : 

1899, p. 3. English versions in Foreign Relations of the United States, 1898, p. 
551; Holls, op. cit., p. 24; Scott, op. cif., vol. ii, p. 3; Moore, op. cit., vol. 7, p. 
80; Darby, op. cit., p. 638; and the British Parliamentary Paper above cited. 
2 January 11, 1899, new style. 



PRECEDING THE CONFERENCES xvii 

1. An understanding stipulating the non-augmentation, for a 
term to be agreed upon, of the present effective armed land and sea 
forces, as well as the war budgets pertaining to them ; preliminary 
study of the ways in which even a reduction of the aforesaid effect- 
ives and budgets could be realized in the future. 

2. Interdiction of the employment in armies and fleets of new 
firearms of every description and of new explosives, as well as 
powder more powerful than the kinds used at present, both for 
guns and cannons. 

3. Limitation of the use in field fighting of explosives of a for- 
midable power, such as are now in use, and prohibition of the dis- 
charge of any kind of projectile or explosive from balloons or by 
similar means. 

4. Prohibition of the use in naval battles of submarine or diving 
torpedo boats, or of other engines of destruction of the same na- 
ture; agreement not to construct in the future war-ships armed 
with rams. 

5. Adaptation to naval war of the stipulations of the Geneva 
Convention of 1864, on the base of the additional articles of 1868. 

6. Neutralization, for the same reason, of boats or launches em- 
ployed in the rescue of the shipwrecked during or after naval 
battles. 

7. Revision of the declaration concerning the laws and customs 
of war elaborated in 1874 by the Conference of Brussels, and not 
yet ratified. 

, 8. Acceptance, in principle, of the use of good offices, mediation, 

/' and voluntary arbitration, in cases where they are available, with 
the purpose of preventing armed conflicts between nations ; under- 
standing in relation to their mode of application and establishment 
of a uniform practice in employing them. 



\ 



^ 



,XX 



It is well understood that all questions concerning the political re- 
lations of States, and the order of things established by treaties, as in 
general all questions which do not directly fall within the program 
adopted by the cabinets, must be absolutely excluded from the delibera- 
tions of the conference. 

In requesting you, sir, to be good enough to apply to your Govern- 
ment for instructions on the subject of my present communication, I 
beg you at the same time to inform it that, in the interest of the great 
cause which my august master has so much at heart. His Imperial 
Majesty considers it advisable that the conference should not sit in the 
capital of one of the Great Powers, where are centered so many polit- 
ical interests, which might, perhaps, impede the progress of a work in 
which all countries of the universe are equally interested. 

I have, etc., 

Count Mouravieff. 



xviii DIPLOMATIC CORRESPONDENCE 

CIRCULAR INSTRUCTION OF THE NETHERLAND MINISTER FOR FOREIGN 
AFFAIRS TO THE DIPLOMATIC REPRESENTATIVES OF THE NETHER- 
LANDS. INVITATION TO THE CONFERENCE^ 

,^ ,^ The Hague, April 6, i8gg. 

Mr. Minister : ^ t > yy 

The Imperial Government of Russia addressed on August 12/24, 
1898, to the diplomatic representatives accredited to the Court of St. 
Petersburg a circular expressing a desire for the meeting of an inter- 
national conference which should be commissioned to seek the most 
effective means of ensuring to the world a lasting peace, and of limit- 
ing the progressive development of military armaments. 

This proposal, due to the noble and generous initiative of the august 
Emperor of Russia, having met everywhere with a most cordial recep- 
tion, and obtained the general assent of the Powers, his Excellency the 
Minister for Foreign Affairs of Russia addressed December 30, 1898 
(January 11, 1899) to the same diplomatic representatives a second 
circular, giving a more concrete form to the generous ideas announced 
by the magnanimous Emperor and indicating certain questions which 
might be specially submitted for discussion by the proposed conference. 

For poHtical reasons the Imperial Russian Government thought that 
it would not be desirable that the meeting of this conference should 
take place in the capital of one of the great Powers, and after being 
assured of the assent of the Governments interested, it addressed the 
Cabinet of The Hague with a view of obtaining its consent to the choice 
of that capital as the seat of the conference in question. I at once took 
the orders of Her Majesty the Queen in regard to this request, and I 
am happy to be able to inform you that Her Majesty, our august 
sovereign, has been pleased to authorize me to reply that it will be par- 
ticularly agreeable to her to see the proposed conference meet at The 
Hague. 

Consequently, and in accord with the Imperial Russian Government, 

I have the honor to instruct you to invite the Government of 

to be good enough to be represented at the above-mentioned con- 
ference, in order to discuss the questions indicated in the second Rus- 
sian circular of December 30, 1898 (January 11, 1899), as well as all 
other questions connected with the ideas set forth in the circular of 
August 12/24, 1898, excluding, however, from the deliberations every- 



iprench text in Actes et documents relatifs au programme de la Conference 
de la Paix ; British Parliamentary Paper, Miscellaneous, No. 1, 1899, p. 7. Eng- 
lish versions in Holls, op. cit., p. 32, and the Parliamentary Paper above cited. 



PRECEDING THE CONFERENCES xix 

thing which refers to the political relations of States or to the order of 
things established by treaties. 

I trust that the Government to which you are accredited will partici- 
pate in the great humanitarian work to be entered upon under the aus- 
pices of His Majesty the Emperor of All the Russias, and that it will 
be disposed to accept our invitation and to take the necessary steps for 
the presence of its representatives at The Hague on May 18, next, for 
the opening of the conference, at which each Power, whatever may be 
the number of its delegates, will have only one vote. 

Please accept, Mr. Minister, renewed assurance of my high consider- 
ation. 

W. H. DE Beaufort. 



the secretary of state of the united states to the american 
diplomatic representatives accredited to the governments 
signatory to the acts of the first hague conference^ 

Department of State, 
Washington, October 21, 1904. 

Sir: The Peace Conference which assembled at The Hague on 
May 18, 1899, marked an epoch in the history of nations. Called by 
His Majesty the Emperor of Russia to discuss the problems of the 
maintenance of general peace, the regulation of the operations of war, 
and the lessening of the burdens which preparedness for eventual war 
entails upon modern peoples, its labors resulted in the acceptance by the 
signatory Powers of Conventions for the peaceful adjustment of inter- 
national difficulties by arbitration, and for certain humane amend- 
ments to the laws and customs of war by land and sea. A great work 
was thus accomplished by the Conference, while other phases of the 
general subject were left to discussion by another conference in the 
near future, such as questions affecting the rights and duties of 
neutrals, the inviolability of private property in naval warfare, and the 
bombardment of ports, towns, and villages by a naval force. 

Among the movements which prepared the minds of Governments 
for an accord in the direction of assured peace among men, a high 
place may fittingly be given to that set on foot by the Interparlia- 
mentary Union. From its origin in the suggestions of a member of 



^Foreign Relations of the United States, 1904, p. 10. 



XX DIPLOMATIC CORRESPONDENCE 

the British House of Commons, in 1888, it developed until its member- 
ship included large numbers of delegates from the parliaments of the 
principal nations, pledged to exert their influence toward the conclusion 
of treaties of arbitration between nations and toward the accomplish- 
ment of peace. Its annual conferences have notably advanced the 
high purposes it sought to realize. Not only have many international 
treaties of arbitration been concluded, but, in the conference held in 
Holland in 1894, the memorable declaration in favor of a Permanent 
Court of Arbitration was a forerunner of the most important achieve- 
ment of the Peace Conference of The Hague in 1899. 

The annual conference of the Interparliamentary Union was held 
this year at St. Louis, in appropriate connection with the world's fair. 
Its deliberations were marked by the same noble devotion to the cause 
of peace and to the welfare of humanity which had inspired its former 
meetings. By unanimous vote of delegates, active or retired members 
of the American Congress, and of every parliament in Europe with 
two exceptions, the following resolution was adopted: 

Whereas, enlightened public opinion and modern civilization 
alike demand that differences between nations should be adjudi- 
cated and settled in the same manner as disputes between indi- 
viduals are adjudicated, namely, by the arbitrament of courts in 
accordance with recognized principles of law, this conference re- 
quests the several Governments of the world to send delegates to 
an international conference to be held at a time and place to be 
agreed upon by them for the purpose of considering: 

1. The questions for the consideration of which the Conference 
at The Hague expressed a wish that a future conference be 
called. 

2. The negotiation of arbitration treaties between the nations 
represented at the Conference to be convened. 

3. The advisability of establishing an international congress to 
convene periodically for the discussion of international questions. 

And this Conference respectfully and cordially requests the 
President of the United States to invite all the nations to send 
representatives to such a conference. 

On September 24, ultimo, these resolutions were presented to the 
President by a numerous deputation of the Interparliamentary Union. 
The President accepted the charge offered to him, feeling it to be most 
appropriate that the Executive of the nation which had welcomed the 
conference to its hospitality should give voice to its impressive utter- 
ances in a cause which the American Government and people hold 



PRECEDING THE CONFERENCES xxi 

dear. He announced that he would at an early day invite the other 
nations, parties to the Hague Conventions, to reassemble with a view 
to pushing forward toward completion the work already begun at 
The Hague by considering the questions which the first Conference 
had left unsettled with the express provision that there should be a 
second conference. 

In accepting this trust the President was not unmindful of the fact, 
so vividly brought home to all the world, that a great war is now in 
progress. He recalled the circumstance that at the time when, on 
August 24, 1898, His Majesty the Emperor of Russia sent forth his 
invitation to the nations to meet in the interests of peace the United 
States and Spain had merely halted in their struggle to devise terms 
of peace. While at the present moment no armistice between the 
parties now contending is in sight, the fact of an existing war is no 
reason why the nations should relax the efforts they have so success- 
fully made hitherto toward the adoption of rules of conduct which 
may make more remote the chances of future wars between them. In 
1899 the Conference of The Hague dealt solely with the larger gen- 
eral problems which confront all nations, and assumed no function 
of intervention or suggestion in the settlement of the terms of peace 
between the United States and Spain. It might be the same with a 
reassembled conference at the present time. Its efforts would 
naturally lie in the direction of further codification of the universal 
ideas of right and justice which we call international law; its mission 
would be to give them future effect. 

The President directs that you will bring the foregoing considera- 
tions to the attention of the Minister for Foreign Affairs of the Gov- 
ernment to which you are accredited and, in discreet conference with 
him, ascertain to what extent that Government is disposed to act in 
the matter. 

Should his Excellency invite suggestions as to the character of the 
questions to be brought before the proposed Second Peace Conference, 
you may say to him that, at this time, it would seem premature to 
couple the tentative invitation thus extended with a categorical pro- 
gram of subjects of discussion. It is only by comparison of views 
that a general accord can be reached as to the matters to be considered 
by the new conference. It is desirable that in the formulation of a 
program the distinction should be kept clear between the matters 
which belong to the province of international law and those which are 



xxii DIPLOMATIC CORRESPONDENCE 

conventional as between individual Governments. The Final Act of 
The Hague Conference, dated July 29, 1899, kept this distinction 
clearly in sight. Among the broader general questions affecting the 
right and justice of the relation of sovereign States which were then 
relegated to a future conference were the rights and duties of neutrals, 
the inviolability of private property in naval warfare, and the bom- 
bardment of ports, towns, and villages by a naval force. The other 
matters mentioned in the Final Act take the form of suggestions for 
consideration by interested Governments. 

The three points mentioned cover a large field. The first, especially, 
touching the rights and duties of neutrals, is of universal importance. 
Its rightful disposition affects the interests and well-being of all the 
world. The neutral is something more than an onlooker. His acts 
of omission or commission may have an influence — indirect, but 
tangible — on a war actually in progress ; whilst on the other hand he 
may suffer from the exigencies of the belligerents. It is this phase of 
warfare which deeply concerns the world at large. Efforts have been 
made, time and again, to formulate rules of action applicable to its 
more material aspects, as in the declarations of Paris. As recently as 
April 28 of this year the Congress of the United States adopted a 
resolution reading thus : 

Resolved by the Senate and House of Representatives of the 
United States of America in Congress assembled. That it is the 
sense of the Congress of the United States that it is desirable, in 
the interest of uniformity of action by the maritime States of 
the world in time of war, that the President endeavor to bring 
about an understanding among the principal maritime Powers 
with a view of incorporating into the permanent law of civilized 
nations the principle of the exemption of all private property at 
sea, not contraband of war, from capture or destruction by bel- 
ligerents. 

Approved, April 28, 1904. 

Other matters closely affecting the rights of neutrals are the distinc- 
tion to be made between absolute and conditional contraband of war, 
and the inviolability of the official and private correspondence of neu- 
trals. 

As for the duties of neutrals toward the belligerent, the field is 
scarcely less broad. One aspect deserves mention, from the prominence 



PRECEDING THE CONFERENCES xxiii 

it has acquired during recent times, namely, the treatment due to refu- 
gee belhgerent ships in neutral ports. 

It may also be desirable to consider and adopt a procedure by which 
States non-signatory to the original Acts of the Hague Conference may 
become adhering parties. 

You will explain to his Excellency the Minister of Foreign Affairs 
that the present overture for a second conference to complete the post- 
poned work of the First Conference is not designed to supersede other 
calls for the consideration of special topics, such as the proposition of 
the Government of the Netherlands, recently issued, to assemble for the 
purpose of amending the provisions of the existing Hague Convention 
with respect to hospital ships. Like all tentative conventions, that one is 
open to change in the light of practical experience, and the fullest de- 
liberation is desirable to that end. 

Finally, you will state the President's desire and hope that the un- 
dying memories which cling around The Hague as the cradle of the 
beneficent work which had its beginning in 1899 may be strengthened 
by holding the Second Peace Conference in that historic city. 

I am, sir, etc., 

John Hay. 



the secretary of state of the united states to the american 
representatives accredited to the governments signatory to 
the acts of the first hague conference^ 

Department of State, 
Washington, December i6, 1904. 

Sir: By the circular instruction dated October 21, 1904, the repre- 
sentatives of the United States accredited to the several Governments 
which took part in the Peace Conference held at The Hague in 1899, 
and which joined in signing the Acts thereof, were instructed to bring 
to the notice of those Governments certain resolutions adopted by the 
Interparliamentary Union at its annual conference held at St. Louis 
in September last, advocating the assembling of a Second Peace Con- 
ference to continue the work of the First, and were directed to ascer- 



'^Foreign Relations of the United States, 1904, p. 13. 



xxiv DIPLOMATIC CORRESPONDENCE 

tain to what extent those Governments were disposed to act in the 
matter. 

The replies so far received indicate that the proposition has been 
received with general favor. No dissent has found expression. The 
Governments of Austria-Hungary, Denmark, France, Germany, Great 
Britain, Italy, Luxemburg, Mexico, the Netherlands, Portugal, Rou- 
mania, Spain, Sweden and Norway, and Switzerland exhibit sympathy 
with the purposes of the proposal, and generally accept it in principle, 
with the reservation in most cases of future consideration of the date 
of the conference and the program of subjects for discussion. The 
replies of Japan and Russia conveyed in like terms a friendly recog- 
nition of the spirit and purposes of the invitation, but on the part of 
Russia the reply was accompanied by the statement that in the exist- 
ing condition of things in the Far East it would not be practicable for 
the Imperial Government, at this moment, to take part in such a con- 
ference. While this reply, tending as it does to cause some postpone- 
ment of the proposed Second Conference, is deeply regretted, the 
weight of the motive which induces it is recognized by this Govern- 
ment and, probably, by others. Japan made the reservation only that 
no action should be taken by the conference relative to the present war. 

Although the prospect of an early convocation of an august assembly 
of representatives of the nations in the interest of peace and harmony 
among them is deferred for the time being, it may be regarded as as- 
sured so soon as the interested Powers are in a position to agree upon 
a date and place of meeting and to join in the formulation of a general 
plan for discussion. The President is much gratified at the cordial 
reception of his overtures. He feels that in eliciting the common senti- 
ment of the various Governments in favor of the principle involved and 
of the objects sought to be attained a notable step has been taken to- 
ward eventual success. 

Pending a definite agreement for meeting when circumstances shall 
permit, it seems desirable that a comparison of views should be had 
among the participants as to the scope and matter of the subjects to 
be brought before the Second Conference. The invitation put forth 
by the Government of the United States did not attempt to do more 
than indicate the general topics which the Final Act of the First Con- 
ference of The Hague relegated, as unfinished matters, to considera- 
tion by a future conference — adverting, in connection with the im- 
portant subject of the inviolability of private property in naval warfare. 



PRECEDING THE CONFERENCES • xxv 

to the like views expressed by the Congress of the United States in 
its resolution adopted April 28, 1904, with the added suggestion that it 
may be desirable to consider and adopt a procedure by which States 
non-signatory to the original Acts of the Hague Conference may be- 
come adhering parties. In the present state of the project, this Govern- 
ment is still indisposed to formulate a program. In view of the virtual 
certainty that the President's suggestion of The Hague as the place of 
meeting of a Second Peace Conference will be accepted by all the in- 
terested Powers, and in view also of the fact that an organized repre- 
sentation of the signatories of the Acts of 1899 now exists at that 
capital, this Government feels that it should not assume the initiative 
in drawing up a program, nor preside over the deliberations of the 
signatories in that regard. It seems to the President that the high task 
he undertook in seeking to bring about an agreement of the Powers to 
meet in a Second Peace Conference is virtually accomplished so far 
as it is appropriate for him to act, and that, with the general acceptance 
of his invitation in principle, the future conduct of the afifair may 
fitly follow its normal channels. To this end it is suggested that the 
further and necessary interchange of views between the signatories of 
the Acts of 1899 be effected through the International Bureau under 
the control of the Permanent Administrative Council of The Hague. 
It is believed that in this way, by utilizing the central representative 
agency established and maintained by the Powers themselves, an or- 
derly treatment of the preliminary consultations may be insured and 
the way left clear for the eventual action of the Government of the 
Netherlands in calling a renewed conference to assemble at The Hague, 
should that course be adopted. 

You will bring this communication to the knowledge of the Minister 
for Foreign Affairs and invite consideration of the suggestions herein 
made. I am, etc., 

John Hay. 



MEMORANDUM FROM THE RUSSIAN EMBASSY HANDED TO THE PRESIDENT 
OF THE UNITED STATES, SEPTEMBER 13, 1905, PROPOSING A SECOND 
PEACE CONFERENCE AT THE HAGUE^ 

In view of the termination, with the cordial cooperation of the Presi- 
dent of the United States, of the war and of the conclusion of peace 



''■Foreign Relations of the United States, 1905, p. 828. 



xxvi DIPLOMATIC CORRESPONDENCE 

between Russia and Japan, His Majesty the Emperor, as initiator of 
the International Peace Conference of 1899, holds that a favorable 
moment has now come for the further development and for the sys- 
tematizing of the labors of that international conference. With this 
end in view and being- assured in advance of the sympathy of Presi- 
dent Roosevelt, who has already, last year, pronounced himself in 
favor of such a project, His Majesty desires to approach him with a 
proposal to the effect that the Government of the United States take 
part in a new international conference which could be called together 
at The Hague as soon as favorable replies could be secured from all the 
other States to which a similar proposal will be made. As the course of 
the late war has given rise to a number of questions which are of the 
greatest importance and closely related to the Acts of the First Confer- 
ence, the plenipotentiaries of Russia at the future meeting will lay be- 
fore the conference a detailed program which could serve as a starting 
point for its deliberations. 



the russian ambassador to the secretary of state proposing the 
program of the second conference^ 

Imperial Embassy of Russia, 
Washington, April 12, ipo6. 

Mr. Secretary of State : When it assumed the initiative of calling 
a Second Peace Conference, the Imperial Government had in view the 
necessity of further developing the humanitarian principles on which 
was based the work accomplished by the great international assem- 
blage of 1899. 

At the same time, it deemed it expedient to enlarge as much as pos- 
sible the number of States participating in the labors of the contem- 
plated conference, and the alacrity with which the call was answered 
bears witness to the depth and breadth of the present sentiment of 
solidarity for the application of ideas aiming at the good of all 
mankind. 

The First Conference separated in the firm belief that its labors 
would subsequently be perfected from the effect of the regular progress 
of enlightment among the nations and abreast of the results acquired 
from experience. Its most important creation, the International Court 



^Foreign Relations of the United States. 1906, vol. ii, p. 1629. 



PRECEDING THE CONFERENCES xxvii 

of Arbitration, is an institution that has already proved its worth and 
brought together, for the good of all, an areopagus of jurists who 
command the respect of the world. How much good could be accom- 
plished by international commissions of inquiry toward the settlement 
of disputes between States has also been shown. 

There are, however, certain improvements to be made in the Con- 
vention relative to the pacific settlement of international disputes. Fol- 
lowing recent arbitrations, the jurists assembled in court have raised 
certain questions of details which should be acted upon by adding to 
the said Convention the necessary amplifications. It would seem es- 
pecially desirable to lay down fixed principles in regard to the use of 
languages in the proceedings in view of the difficulties that may arise in 
the future as the cases referred to arbitral jurisdiction multiply. The 
modus operandi of international commissions of inquiry would likewise 
be open to improvement. 

As regards the regulating of the laws and customs of war on land, 
the provisions established by the First Conference ought also to be 
completed and defined, so as to remove all misapprehensions. 

As for maritime warfare, in regard to which the laws and customs 
of the several countries dififer on certain points, it is necessary to es- 
tablish fixed rules in keeping with the exigencies of the rights of bel- 
ligerents and the interests of neutrals. 

A convention bearing on these subjects should be framed and would 
constitute one of the most prominent parts of the tasks devolved upon 
the forthcoming conference. 

Holding, therefore, that there is at present occasion only to examine 
questions that demand special attention as being the outcome of the 
experience of recent years, without touching upon those that might 
have reference to the limitation of military or naval forces, the Im- 
perial Government proposes for the program of the contemplated meet- 
ing the following main points : 

1. Improvements to be made in the provisions of the Conven- 
tion relative to the pacific settlement of international disputes as 
regards the Court of Arbitration and the international commissions 
of inquiry. 

2. Additions to be made to the provisions of the Convention of 
1899 relative to the laws and customs of war on land — among 
others, those concerning the opening of hostilities, the rights of 
neutrals on land, etc. Declarations of 1899: one of these having 
expired, question of its being revived. 



xxviii DIPLOMATIC CORRESPONDENCE 

3. Framing of a convention relative to the laws and customs of 
maritime warfare, concerning — 

The special operations of maritime warfare, such as the bom- 
bardment of ports, cities, and villages by a naval force ; the lay- 
ing of torpedoes, etc. ; 

The transformation of merchant vessels into war-ships ; 

The private property of belligerents at sea ; 

The length of time to be granted to merchant ships for their 
departure from ports of neutrals or of the enemy after the opening 
of hostilities ; 

The rights and duties of neutrals at sea, among others, the ques- 
tions of contraband, the rules applicable to belligerent vessels in 
neutral ports ; destruction, in case of vis major, of neutral mer- 
chant vessels captured as prizes ; 

In the said convention to be drafted, there would be introduced 
the provisions relative to war on land that would be also applicable 
to maritime warfare. 

4. Additions to be made to the Convention of 1899 for the adap- 
tation to maritime warfare of the principles of the Geneva Con- 
vention of 1864. 

As was the case at the Conference of 1899, it would be well under- 
stood that the deliberations of the contemplated meeting should not 
deal with the political relations of the several States, or the condition 
of things established by treaties, or in general with questions that did 
not directly come within the program adopted by the several cabinets. 

The Imperial Government desires distinctly to state that the data of 
this program and the eventual acceptance of the several States clearly 
do not prejudge the opinion that may be delivered in the conference in 
regard to the solving of the questions brought up for discussion. It 
would likewise be for the contemplated meeting to decide as to the order 
of the questions to be examined and the form to be given to the deci- 
sions reached as to whether it should be deemed preferable to include 
some of them in new conventions or to append them, as additions, to 
conventions already existing. 

In formulating the above-mentioned program, the Imperial Govern- 
ment bore in mind, as far as possible, the recommendations made by 
the First Peace Conference, with special regard to the rights and duties 
of neutrals, the private property of belligerents at sea, the bombard- 
ment of ports, cities, etc. It entertains the hope that the Government 
of the United States will take the whole of the points proposed as the 
expression of a wish to come nearer that lofty ideal of international 
justice that is the permanent goal of the whole civilized world. 



PRECEDING THE CONFERENCES xxix 

By order of my Government, I have the honor to acquaint you with 
the foregoing, and awaiting the reply of the Government of the United 
States with as Httle delay as possible, I embrace this opportunity to 
beg you, Mr. Secretary of State, to accept the assurance of my very 
high consideration. 

Rosen. 



netherland invitation to the second hague conference^ 

Royal Legation of the Netherlands, 
Washington, D. C., April lo, 1907. 

Mr. Secretary of State: I have the honor to bring to your Ex- 
cellency's knowledge that, according to a communication I have just 
received from the Minister of Foreign Affairs, the meeting of the Peace 
Conference at The Hague has been fixed for the 15th of June next. 

I am at the same time instructed by the Government of the Queen to 
invite the Government of the United States to be pleased to send dele- 
gates thereto. 

Hereby carrying out my orders, I embrace this opportunity to renew 
to you, Mr. Secretary, the assurances of my highest consideration. 

Van Swinderen. 



PROTOCOL regarding ADHESIONS TO THE 1899 CONVENTION FOR THE 
pacific SETTLEMENT OF INTERNATIONAL DISPUTES^ 

The Powers which have ratified the Convention for the pacific settle- 
ment of international disputes, signed at The Hague on July 29, 1899, 
desiring to enable the States that were not represented at the First 
Peace Conference and were invited to the Second to adhere to the 
aforesaid Convention, the undersigned delegates or diplomatic repre- 
sentatives of the above-mentioned Powers, viz. : 

Germany, Austria-Hungary, Belgium, Bulgaria, China, Denmark, 
Spain, the United States of America, the United States of Mexico, 
France, Great Britain, Greece, Italy, Japan, Luxemburg, Montenegro, 
Norway, the Netherlands, Persia, Portugal, Roumania, Russia, Servia, 



IMS. Department of State. 

2De Martens, Nouveau Recueil Generale de Traites, 3d Series, vol. ii, p. 4. 
See post, p. 79, Article 60. 



XXX DIPLOMATIC CORRESPONDENCE 

Siam, Sweden, Switzerland, and Turkey, duly authorized to that effect, 
have agreed that there shall be opened by the Minister of Foreign Af- 
fairs of the Netherlands, a proces-verbal of adhesions, that shall serve 
to receive and record the said adhesions, which shall immediately go 
into effect. In witness whereof the present protocol was drawn up, in 
a single copy, which shall remain in deposit in the archives of the Min- 
istry of Foreign Affairs of the Netherlands and of which an authenti- 
cated copy shall be transmitted to each one of the signatory Powers. 

Done at The Hague, June 14, 1907. 

[Here follow signatures.] 



PROCES-VERBAL OF ADHESION^ 

There was signed in this city on June 14, 1907, a protocol estab- 
lishing, in respect to the Powers unrepresented at the First Peace Con- 
ference which have been invited to the Second, the mode of adhesion 
to the Convention for the peaceful settlement of international disputes, 
signed at The Hague, July 29, 1899. 

Pursuant to the said protocol, the undersigned. Minister of Foreign 
Affairs for Her Majesty the Queen of the Netherlands, on this day 
opened the present proces-verbal intended to receive and furthermore 
to record, as they may be presented, the adhesions of the aforesaid 
Convention. 

Done at The Hague, on June 15, 1907, in a single copy, which shall 
remain in deposit in the archives of the Ministry of Foreign Affairs of 
the Netherlands, and of which a duly certified copy shall be transmitted 
to each of the signatory Powers. 

Van Tets van Goudriaan 

Successively adhered: Argentine Republic, Brazil, Bolivia, Chile, 
Colombia, Cuba, Guatemala, Haiti, Nicaragua, Panama, Paraguay, 
Peru, Dominican Republic, Venezuela, Uruguay, Salvador and 
Ecuador. 



^De Martens, 3d Series, vol. ii, p. 6. 



THE FINAL ACTS OF THE FIRST AND SECOND HAGUE PEACE 

CONFERENCES, TOGETHER WITH THE DRAFT CONVENTION 

ON A JUDICIAL ARBITRATION COURT 



1899 

Final Act of the International 
Peace Conference. — Signed at 
The Hague, July 29, 1899. 

The International Peace Con- 
ference, convoked in the best in- 
terests of humanity by His Majes- 
ty the Emperor of All the Russias, 
assembled, on the invitation of the 
Government of Her Majesty the 
Queen of the Netherlands, in the 
Royal House in the Wood at The 
Hague on the 18th May, 1899. 



The Powers enumerated in the 
following list took part in the Con- 
ference, to which they appointed 
the delegates named below : 
For Germany: 

His Excellency Count de Mun- 
ster, German Ambassador at 
Paris, delegate plenipoten- 
tiary; 
The Baron de Stengel, profes- 
sor at the University of Mu- 
nich, second delegate; 



1907 

Final Act of the Second Inter- 
national Peace Conference. — 
Signed at The Hague, October 
18, 1907. 

The Second International Peace Convocation. 
Conference, proposed in the first 
instance by the President of the 
United States of America, having 
been convoked, on the invitation 
of His Majesty the Emperor of 
All the Russias, by Her Majesty 
the Queen of the Netherlands, as- 
sembled on the 15th June, 1907, 
at The Hague, in the Hall of the 
Knights, for the purpose of giving 
a fresh development to the hu- 
manitarian principles which 
served as a basis for the work of 
the First Conference of 1899. 

The following Powers took part Delegates, 
in the Conference, and appointed 
the delegates named below : 

Germany : Germany, 

His Excellency Baron Mar- 
schall de Bieberstein, Minis- 
ter of State, Imperial Ambas- 
sador at Constantinople, first 
delegate plenipotentiary ; 

Mr. Kriege, Imperial Envoy on 
Extraordinary Mission at the 



THE FINAL ACTS OF 1899 AND 1907 



1899 

Dr. Zorn, Judicial Privy Coun- 
cilor, professor at the Uni- 
versity of Konigsberg, scien- 
tific delegate; 

Colonel de Gross de Schwarz- 
hoff, Commandant of the 5th 
Regiment of Infantry, No. 
94, technical delegate ; 

Captain Siegel, Naval Attache 
to the Imperial Embassy at 
Paris, technical delegate. 



1907 

present Conference, Privy 
Councilor of Legation and 
Legal Adviser to the Minis- 
try for Foreign Affairs, mem- 
ber of the Permanent Court 
of Arbitration, second dele- 
gate plenipotentiary ; 

Rear-Admiral Siegel, Naval At- 
tache to the Imperial Embas- 
sy at Paris, naval delegate; 

Major General de Giindell, 
Quartermaster General of 
the General Staff of the 
Royal Prussian Army, mili- 
tary delegate; 

Mr. Zorn, professor to the Fac- 
ulty of Law at the University 
of Bonn, Judicial Privy 
Councilor, member of the 
Prussian Upper Chamber, 
and Crown Syndic, scientific 
delegate ; 

Mr. Goppert, Counselor of Le- 
gation and Counselor attached 
to the Department for For- 
eign Affairs, assistant dele- 
gate; 

Mr. Retzmann, Lieutenant 
Commander on the Naval 
General Staff, assistant naval 
delegate. 
The United States of America: 

His Excellency Mr. Joseph H. 
Choate, ex-Ambassador at 
London, Ambassador Ex- 
traordinary, delegate plenipo- 
tentiary ; 

iThe order of the countries in the original of the 1899 Final Act has been 
here departed from in a few instances (United States, Mexico and Bulgaria) 
for the purpose of presenting each country's respective delegations to the 1899 
and 1907 Conferences in juxtaposition. 



United States. For the United States of America :^ 
His Excellency Mr. Andrew D. 
White, United States Ambas- 
sador at Berlin, delegate plen- 
• ipotentiary ; 



THE FINAL ACTS OF 1899 AND 1907 



1899 

The Honorable Seth Low, pres- 
ident of the Colombia Uni- 
versity at New York, delegate 
plenipotentiary ; 

Mr. Stanford Newel, Envoy 
Extraordinary and Minister 
Plenipotentiary at The 
Hague, delegate plenipoten- 
tiary ; 

Captain Alfred T. Mahan, Uni- 
ted States Navy, delegate 
plenipotentiary ; 

Mr. William Crozier, Captain 
of Artillery, delegate plenipo- 
tentiary ; 

Mr. Frederick W. Holls, advo- 
cate at New York, delegate 
and secretary to the delega- 
tion. 



1907 

His Excellency Mr. Horace 
Porter, ex-Ambassador at 
Paris, Ambassador Extraor- 
dinary, delegate plenipoten- 
tiary ; 

His Excellency Mr. Uriah M. 
Rose, Ambassador Extraor- 
dinary, delegate plenipoten- 
tiary ; 

His Excellency Mr. David 
Jayne Hill, ex-Assistant Sec- 
retary of State, Envoy Ex- 
traordinary and Minister 
Plenipotentiary at The Hague, 
delegate plenipotentiary ; 

Rear-Admiral Charles S. Sper- 
ry, ex-president of the Naval 
War College, Minister Pleni- 
potentiary, delegate plenipo- 
tentiary ; 

Brigadier General George B. 
Davis, Judge Advocate Gen- 
eral of the United States 
Army, Minister Plenipoten- 
tiary, delegate plenipoten- 
tiary ; 

Mr. William I. Buchanan, ex- 
Minister at Buenos Aires, 
ex-Minister at Panama, Min- 
ister Plenipotentiary, delegate 
plenipotentiary ; 

Mr. James Brown Scott, Solici- 
tor for the Department of 
State, technical delegate; 

Mr. Charles Henry Butler, Re- 
porter of the Supreme Court, 
technical delegate. 



THE FINAL ACTS OF 1899 AND 1907 



1899 



Argentine 
Republic. 



Austria- 
Hungary. 



For Austria-Hungary : 

His Excellency Count R. VVel- 
sersheimb, Ambassador Ex- 
traordinary and Plenipoten- 
tiary, first delegate, plenipo- 
tiary ; 

Mr. Alexandre Okolicsanyi 
d'Okolicsna, Envoy Extraor- 
dinary and Minister Plenipo- 
tentiary at The Hague, sec- 



1907 

The Argentine Republic : 

His Excellency Mr. Roque 
Saenz Pena, ex-Minister for 
Foreign Affairs, Envoy Ex- 
traordinary and Minister 
Plenipotentiary at Rome, 
member of the Permanent 
Court of Arbitration, delegate 
plenipotentiary ; 

His Excellency Mr. Luis M. 
Drago, ex-Minister for For- 
eign Affairs, deputy member 
of the Permanent Court of 
Arbitration, delegate plenipo- 
tentiary ; 

His Excellency Mr. Carlos 
Rodriguez Larreta, ex-Minis- 
ter for Foreign Affairs, 
member of the Permanent 
Court of Arbitration, dele- 
gate plenipotentiary; 

General Francisco Reynolds, 
Military Attache at Berlin, 
technical delegate ; 

Captain Juan A, Martin, ex- 
Minister of Marine, Naval 
Attache at London, technical 
delegate. 
Austria-Hungary : 

His Excellency Mr. Gaetan 
Merey de Kapos-Mere, Privy 
Councilor of His Imperial 
and Royal Apostolic Majesty, 
Ambassador Extraordinary 
and Plenipotentiary, first del- 
egate plenipotentiary; 

His Excellency Baron Charles 
de Macchio, Envoy Extraor- 



THE FINAL ACTS OF 1899 AND 1907 



1899 
ond delegate, plenipotentiary ; 

Mr. Gaetan Merey de Kapos- 
Mere, Counselor of Embassy 
and Chief of Cabinet of the 
Minister for Foreign Affairs, 
assistant delegate ; 

Mr. Henri Lammasch, profes- 
sor at the University of Vi- 
enna, assistant delegate; 

Mr. Victor de Khuepach zu 
Ried, Zimmerlehen and Hasl- 
burg. Lieutenant Colonel on 
the General Staff, assistant 
delegate ; 

Count Stanislas Soltyk, Captain 
of Corvette, assistant dele- 
gate. 



For Belgium : 

His Excellency Mr. Auguste 
Beernaert, Minister of State, 
President of the Chamber of 
Representatives, delegate 

plenipotentiary ; 



1907 
dinary and Minister Pleni- 
potentiary at Athens, second 
delegate plenipotentiary ; 

Mr. Henri Lammasch, profes- 
sor at the University of Vi- 
enna, Aulic Councilor, mem- 
ber of the Austrian Upper 
Chamber of the Reichsrath, 
member of the Permanent 
Court of Arbitration, scien- 
tific delegate; 

Mr. Antoine Haus, Rear-Ad- 
miral, naval delegate ; 

Baron Wladimir, Giesl de 
Gieslingen, Major General, 
Military Plenipotentiary at 
the Imperial and Royal Em- 
bassy at Constantinople and 
at the Imperial and Royal 
Legation at Athens, military 
delegate ; 

The Chevalier Othon de Weil, 
Aulic and Ministerial Coun- 
cilor at the Ministry of the 
Imperial and Royal House- 
hold and of Foreign Affairs, 
delegate ; 

Mr. Jules Szilassy de Szilas et 
Pilis, Counselor of Legation, 
delegate ; 

Mr. Emile Konek de Norwall, 
Naval Lieutenant of the First 
Class, delegate attached. 
Belgium : 

His Excellency Mr. A. Beer- 
naert, Minister of State, 
member of the Chamber of 
Representatives, member of 
the Institute of France and 



Belgium. 



THE FINAL ACTS OF 1899 AND 1907 



1899 

The Count de Grelle Rogier, 
Envoy Extraordinary and 
Minister Plenipotentiary at 
The Hague, delegate plenipo- 
tentiary ; 

The Chevalier Descamps, Sena- 
tor, delegate plenipotentiary. 



Bolivia. 



Brazil. 



1907 
of the Royal Academies of 
Belgium and Roumania, hon- 
orary member of the Insti- 
tute of International Law, 
member of the Permanent 
Court of Arbitration, dele- 
gate plenipotentiary ; 
His Excellency Mr. J. van den 
Heuvel, Minister of State, 
ex-Minister of Justice, dele- 
gate plenipotentiary ; 
His Excellency Baron Guil- 
laume, Envoy Extraordinary 
and Minister Plenipotentiary 
at The Hague, member of the 
Royal Academy of Rouma- 
nia, delegate plenipotentiary. 
Bolivia : 

His Excellency Mr. Claudio 
Pinilla, Minister for Foreign 
Affairs, member of the Per- 
manent Court of Arbitration, 
delegate plenipotentiary ; 
His Excellency Mr. Fernando 
E. Guachalla, Minister Pleni- 
potentiary at London, dele- 
gate plenipotentiary. 
Brazil : 

His Excellency Mr. Ruy Bar- 
bosa. Ambassador Extraor- 
dinary and Plenipotentiary, 
Vice-President of the Senate, 
member of the Permanent 
Court of Arbitration, dele- 
gate plenipotentiary ; 
His Excellency Mr. Eduardo F. 
S. dos Santos Lisboa, Envoy 
Extraordinary and Minister 



THE FINAL ACTS OF 1899 AND 1907 



1899 



For Bulgaria :^ 

Dr. Dimitri I. Standoff, Diplo- 
matic Agent at St. Peters- 
burg, first delegate, plenipo- 
tentiary ; 
Major Christo Hessaptchieff, 
Military Attache at Belgrade, 
second delegate, plenipoten- 
tiary. 



1907 

Plenipotentiary at The Hague, 
delegate plenipotentiary ; 

Colonel Roberto Trompowsky 
Leitao de Almeida, Military 
Attache at The Hague, tech- 
nical delegate; 

Commander Tancredo Burla- 
maqui de Moura, technical 
delegate. 
Bulgaria : 

Major General on the Staff 
Vrban Vinaroff, General d la 
suite, first delegate plenipo- 
tentiary ; 

Mr. Ivan Karandjouloff, Pro- 
cureur-General of the Court 
of Cassation, second delegate 
plenipotentiary ; 

Commander S. Dimitrieff, Chief 
of the Staff of the Bulgarian 
Flotilla, delegate. 
Chile : 

His Excellency Mr. Domingo 
Gana, Envoy Extraordinary 
and Minister Plenipotentiary 
at London, delegate plenipo- 
tentiary ; 

His Excellency Mr. Augusto 
Matte, Envoy Extraordinary 
and Minister Plenipotentiary 
at Berlin, delegate plenipo- 
tentiary ; 

His Excellency Mr. Carlos 
Concha, ex-Minister of War, 
ex-President of the Chamber 
of Deputies, ex-Envoy Ex- 
traordinary and Minister 
Plenipotentiary at Buenos 



Bulgaria. 



Chile. 



^See footnote on p. 2. 



8 



THE FINAL ACTS OF 1899 AND 1907 



China. 



Colombia, 



1899 



For China: 

Mr. Yang Yii, Envoy Extraor- 
dinary and Minister Plenipo- 
tentiaiy at St. Petersburg, 
first delegate, plenipotentiary ; 

Mr. Lou-Tseng-Tsiang, second 
delegate ; 

Mr. Hoo-Wei-Teh, second dele- 
gate; 

Mr. Ho- Yen-Cheng, Counselor 
of Legation, assistant dele- 
gate. 



1907 

Aires, delegate plenipoten- 
tiary. 
China : 

His Excellency Mr. Lou-Tseng- 
Tsiang, Ambassador Extraor- 
dinary, delegate plenipoten- 
tiary; 

His Excellency the Honorable 
John W. Foster, ex-Secretary 
of State at the United States 
Department for Foreign Af- 
fairs, delegate plenipoten- 
tiary ; 

His Excellency Mr. Tsien-Sun, 
Envoy Extraordinary and 
Minister Plenipotentiary at 
The Hague, delegate plenipo- 
tentiary ; 

Colonel W. S. Y. Tinge, Judge 
Advocate General at the War 
Office, military delegate; 

Mr. Chang Ching Tong, Secre- 
tary of Legation, assistant 
delegate ; 

Mr. Chao-Hi-Chiu, ex-Secre- 
tary of the Imperial Chinese 
Mission and Legation at 
Paris and Rome, assistant 
delegate. 
Colombia : 

General Jorge Holguin, dele- 
gate plenipotentiary ; 

Mr. Santiago Perez Triana, 
delegate plenipotentiary ; 

His Excellency General M. Var- 
gas, Envoy Extraordinary 
and Minister Plenipotentiary 
at Paris, delegate plenipoten- 
tiary. 



THE FINAL ACTS OF 1899 AND 1907 



9 



1899 



For Denmark: 

Chamberlain Fr. E. de Bille, 
Envoy Extraordinary and 
Minister Plenipotentiary at 
London, first delegate, pleni- 
potentiary ; 

Mr. J. G. F. von Schnack, Col- 
onel of Artillery, ex-Minister 
for War, second delegate, 
plenipotentiary. 



1907 
The Republic of Cuba: 

Mr. Antonio Sanchez de Busta- 
mante, professor of interna- 
tional law at the University 
of Havana, Senator of the 
Republic, delegate plenipo- 
tentiary ; 

His Excellency Mr. Gonzalo de 
Quesada y Arostegui, Envoy 
Extraordinary and Minister 
Plenipotentiary at Washing- 
ton, delegate plenipotentiary; 

Mr. Manuel Sanguily, ex-direc- 
tor of the Institute of Sec- 
ondary Education at Havana, 
Senator of the Republic, del- 
egate plenipotentiary. 
Denmark : 

His Excellency Mr. C. Brun, 
Envoy Extraordinary and 
Minister Plenipotentiary at 
Washington, first delegate 
plenipotentiary ; 

Rear-Admiral C. F. Scheller, 
second delegate plenipoten- 
tiary ; 

Mr. A. Vedel, Chamberlain, 
Head of Department at the 
Royal Ministry for Foreign 
AflFairs, third delegate pleni- 
potentiary. 
The Dominican Republic: 

Mr. Francisco Henriquez i Car- 
vajal, ex-Minister for For- 
eign AflFairs, member of the 
Permanent Court of Arbitra- 
tion, delegate plenipotentiary ; 

Mr. Apolinar Tejera, rector of 
the Professional Institute of 



Cuba. 



Denmark. 



Dominican 
Republic. 



10 



THE FINAL ACTS OF 1899 AND 1907 



1899 



Ecuador. 



Spain. 



France. 



For Spain: 

His Excellency Duke de Te- 
tuan, ex-Minister for Foreign 
Affairs, first delegate, pleni- 
potentiary ; 

Mr. W. Ramirez de Villa Ur- 
rutia, Envoy Extraordinary 
and Minister Plenipotentiary 
at Brussels, delegate plenipo- 
tentiary ; 

Mr. Arthur de Baguer, Envoy 
Extraordinary and Minister 
Plenipotentiary at The Hague, 
delegate plenipotentiary ; 

The Count del Serrallo, Colo- 
nel, Military Attache to the 
Spanish Legation at Brus- 
sels, assistant delegate. 



For France: 

Mr. Leon Bourgeois, ex-Presi- 
dent of Council, ex-Minister 



1907 

Santo Domingo, member of 
the Permanent Court of Ar- 
bitration, delegate plenipo- 
tentiary. 
The Republic of Ecuador: 

His Excellency Mr. Victor 
Rendon, Envoy Extraordi- 
nary and Minister Plenipo- 
tentiary at Paris and Madrid, 
delegate plenipotentiary ; 

Mr. Enrique Dorn y de Alsua, 
Charge d'Affaires, delegate 
plenipotentiary. 
Spain : 

His Excellency Mr. W. R. de 
Villa-Urrutia, Senator, ex- 
Minister for Foreign Affairs, 
Ambassador Extraordinary 
and Plenipotentiary at Lon- 
don, first delegate plenipo- 
tentiary ; 

His Excellency Mr. Jose de la 
Rica y Calvo, Envoy Ex- 
traordinary and Minister 
Plenipotentiary at The Hague, 
delegate plenipotentiary ; 

Mr. Gabriel Maura y Gamazo, 
Count de la Mortera, Deputy 
to the Cortes, delegate pleni- 
potentiary ; 

Mr. J. Jofre Montojo, Colonel 
on the Staff, Aide-de-camp to 
the Minister of War, assist- 
ant military delegate ; 

Captain Francisco Chacon, as- 
sistant naval delegate. 
France : 

His Excellency Mr. Leon Bour- 
geois, Ambassador Extraor- 



THE FINAL ACTS OF 1899 AND 1907 



11 



1899 
for Foreign Affairs, mem- 
ber of the Chamber of Depu- 
ties, first delegate, plenipo- 
tentiary ; 

Mr. Georges Bihourd, Envoy 
Extraordinary and Minister 
Plenipotentiary at The Hague, 
second delegate, plenipoten- 
tiary ; 

The Baron d'Estournelles de 
Constant, Minister Plenipo- 
tentiary, member of the 
Chamber of Deputies, third 
delegate, plenipotentiary ; 

Mr. Alounier, General of 
Brigade, technical delegate. 

Mr. Pephau, Rear-Admiral, 
technical delegate; 

Mr. Louis Renault, professor at 
the Faculty of Law at Paris, 
Legal Adviser to the Minis- 
try for Foreign Affairs, tech- 
nical delegate. 



1907 
dinary, Senator, ex-President 
of the Council, ex-Minister 
for Foreign Affairs, member 
of the Permanent Court of 
Arbitration, delegate, first 
plenipotentiary ; 

Baron d'Estournelles de Con- 
stant, Senator, Minister Plen- 
ipotentiary of the First Class, 
member of the Permanent 
Court of Arbitration, dele- 
gate, second plenipotentiary ; 

Mr. Louis Renault, professor at 
the Faculty of Law at Paris, 
Honorary Minister Plenipo- 
tentiary, Legal Adviser to the 
Ministry for Foreign Affairs, 
member of the Institute, 
member of the Permanent 
Court of Arbitration, dele- 
gate, third plenipotentiary; 

His Excellency Mr. Marcellin 
Pellet, Envoy Extraordinary 
and Minister Plenipotentiary 
at The Hague, delegate, 
fourth plenipotentiary ; 

General of Division Amourel, 
military delegate ; 

Rear-Admiral Arago, naval del- 
egate ; 

Mr. Fromageot, advocate at the 
Court of Appeal at Paris, 
technical delegate ; 

Captain Lacaze, second naval 
delegate ; 

Lieutenant Colonel Siben, Mili- 
tary Attache at Brussels and 
The Hague, second military 
delegate. 



12 



THE FINAL ACTS OF 1899 AND 1907 



1899 

Great Britain. j^or Great Britain and Ireland : 

His Excellency the Right Hon- 
orable Sir Julian Pauncefote, 
member of Her Majesty's 
Privy Council, Ambassador 
Extraordinary and Plenipo- 
tentiary of the United King- 
dom at Washington, first del- 
egate, plenipotentiary ; 

Sir Henry Howard, Envoy Ex- 
traordinary and Minister 
Plenipotentiary at The 
Hague, second delegate, plen- 
ipotentiary ; 

Sir John A. Fisher, Vice-Ad- 
miral, technical delegate; 

Sir J. C. Ardagh, Major Gen- 
eral, technical delegate; 

Lieutenant Colonel C. a Court, 
Military Attache at Brussels 
and The Hague, assistant 
technical delegate. 



1907 

Great Britain : 

His Excellency the Right Hon- 
orable Sir Edward Fry, 
G.C.B., member of the Privy 
Council, Ambassador Ex- 
traordinary, member of the 
Permanent Court of Arbitra- 
tion, delegate plenipotentiary ; 

His Excellency the Right Hon- 
orable Sir Ernest Mason Sa- 
tow, G.C.M.G., member of 
the Privy Council, member 
of the Permanent Court of 
Arbitration, delegate plenipo- 
tentiary ; 

His Excellency the Right Hon- 
orable Lord Reay, G.C.S.L, 
G.C.LE., member of the 
Privy Council, ex-president 
of the Institute of Interna- 
tional Law, delegate plenipo- 
tentiary ; 

His Excellency Sir Henry 
Howard, K.C.M.G., C.B., 
Envoy Extraordinary and 
Minister Plenipotentiary at 
The Hague, delegate plenipo- 
tentiary ; 

Lieutenant General Sir Ed- 
mond R. Elles, G.C.LE., 
K.C.B., military delegate; 

Captain C. L. Ottley, M.V.O., 
R.N., A.D.C., naval delegate; 

Mr. Eyre Crowe, Counselor of 
Embassy, technical delegate, 
first secretary to the delega- 
tion; 

Mr. Cecil Hurst, Counselor of 
Embassy, technical delegate. 



THE FINAL ACTS OF 1899 AND 1907 



13 



1899 



For Greece: 

Mr. N. Delyannis, ex-President 
of the Council, ex-Minister 
for Foreign Affairs, Envoy 
Extraordinary and Minister 
Plenipotentiary at Paris, del- 
egate plenipotentiary. 



1907 

legal adviser to the delega- 
tion; 

Lieutenant Colonel the Honor- 
able Henry Yarde-BuUer, 
D.S.O., Military Attache at 
The Hague, technical dele- 
gate; 

Commander J. R. Segrave, 
R. N., technical delegate; 

Major George K. Cockerill, 
General Staff, technical dele- 
gate. 
Greece : 

His Excellency Mr. Cleon Rizo 
Rangabe, Envoy Extraordi- 
nary and Minister Plenipo- 
tentiary at Berlin, first dele- 
gate plenipotentiary ; 

Mr. Georges Streit, professor 
of international law at the 
University of Athens, mem- 
ber of the Permanent Court 
of Arbitration, second dele- 
gate plenipotentiary ; 

Colonel of Artillery C. Sa- 
pountzakis. Chief of the Gen- 
eral StafT, technical delegate. 
Guatemala : 

Mr. Jose Tible Machado, 
Charge d'Affaires at The 
Hague and London, member 
of the Permanent Court of 
Arbitration, delegate plenipo- 
tentiary ; 

Mr. Enrique Gomez Carrillo, 
Charge d'Affaires at Berlin, 
delegate plenipotentiary. 
The Republic of Haiti : 

His Excellency Mr. Jean Joseph 



Greece. 



Guatemala. 



Haiti. 



14 



THE FINAL ACTS OF 1899 AND 1907 



1899 



Italy. 



For Italy: 

His Excellency Count Nigra, 
Italian Ambassador at Vi- 
enna, Senator of the King- 
dom, first delegate, plenipo- 
tentiary ; 

Count A. Zannini, Envoy Ex- 
traordinary and Minister 
Plenipotentiary at The 
Hague, second delegate, plen- 
ipotentiary ; 

The Chevalier Guido Pompilj, 
Deputy in the Italian Parlia- 
ment, third delegate, plenipo- 
tentiary ; 

The Chevaher Louis Zuccari, 
Major General, technical del- 
egate ; 

The Chevalier Auguste Bianco, 
Captain, Naval Attache to the 
Royal Embassy at London, 
technical delegate. 



1907 
Dalbemar, Envoy Extraordi- 
nary and Minister Plenipo- 
tentiary at Paris, delegate 
plenipotentiary ; 

His Excellency Mr. J. N. Leger, 
Envoy Extraordinary and 
Minister Plenipotentiary at 
Washington, delegate pleni- 
potentiary ; 

Mr. Pierre Hudicourt, ex-pro- 
fessor of international public 
law, advocate at the bar of 
Port au Prince, delegate plen- 
ipotentiary. 
Italy : 

His Excellency Count Joseph 
Tornielli Brusati di Vergano, 
Senator of the Kingdom, Am- 
bassador of His Majesty the 
King at Paris, member of the 
Permanent Court of Arbitra- 
tion, president of the Italian 
delegation, delegate plenipo- 
tentiary ; 

His Excellency Mr. Guido 
Pompilj, Parliamentary Dep- 
uty, Under-Secretary of 
State at the Royal Ministry 
for Foreign Affairs, delegate 
plenipotentiary ; 

Mr. Guido Fusinato, Councilor 
of State, Parliamentary Dep- 
uty, ex-Minister of Educa- 
tion, delegate plenipotentiary ; 

Mr. Marius Nicolis de Robilant, 
General of Brigade, technical 
delegate ; 

Mr. Frangois Castiglia, Captain 
in the Navy, technical dele- 
gate. 



THE FINAL ACTS OF 1899 AND 1907 



15 



1899 
For Japan : 

The Baron Hayashi, Envoy Ex- 
traordinary and Minister 
Plenipotentiary at St. Peters- 
burg, first delegate, plenipo- 
tentiary ; 

Mr. I. Motono, Envoy Extraor- 
dinary and Minister Pleni- 
potentiary at Brussels, second 
delegate, plenipotentiary ; 

Colonel Uyehara, technical del- 
egate ; 

Captain Sakamoto, Japanese 
Navy, technical delegate; 

Mr. Nagao Ariga, professor of 
international law at the Su- 
perior Military School and 
the Naval School of Tokio, 
technical delegate. 



For Luxemburg: 

His Excellency Mr. Eyschen, 
Minister of State, President 
of the Grand Ducal Govern- 
ment, delegate plenipoten- 
tiary ; 
The Count de Villers, Charge 
d'Affaires at Berlin, delegate 
plenipotentiary. 
For the United States of Mexico :^ 
Mr. de Mier, Envoy Extraor- 
dinary and Minister Plenipo- 



1907 

Japan : Japan. 

His Excellency Mr. Keiroku 
Tsudzuki, Ambassador Ex- 
traordinary and Plenipoten- 
tiary, first delegate plenipo- 
tentiary ; 

His Excellency Mr. Aimaro 
Sato, Envoy Extraordinary 
and Minister Plenipotentiary 
at The Hague, second dele- 
gate plenipotentiary; 

Mr. Henry Willard Denison, 
Legal Adviser to the Imperial 
Ministry for Foreign Af- 
fairs, member of the Perma- 
nent Court of Arbitration, 
technical delegate ; 

Major General Yoshifuru Aki- 
yama, Inspector of Cavalry, 
technical delegate ; 

Rear-Admiral Hayao Shima- 
mura, president of the Naval 
College at Etajima, technical 
delegate. 

Luxemburg : Luxemburg 

His Excellency Mr. Eyschen, 
Minister of State, President 
of the Grand Ducal Govern- 
ment, delegate plenipoten- 
tiary ; 

Count de Villers, Charge 
d'Affaires at Berlin, delegate 
plenipotentiary. 

Mexico : Mexico. 

His Excellency Mr. Gonzalo A. 
Esteva, Envoy Extraordinary 



^See footnote on p. 2. 



16 



THE FINAL ACTS OF 1899 AND 1907 



1899 

tentiary at Paris, delegate 
plenipotentiary ; 
Mr. Zenil, Minister Resident at 
Brussels, delegate plenipoten- 
tiary. 



Montenegro, 



For Montenegro: 

His Excellency Mr. de Staal, 
Privy Councilor, Russian 
Ambassador at London, dele- 
gate plenipotentiary. 



Nicaragua. 



1907 

and Minister Plenipotentiary 
at Rome, first delegate pleni- 
potentiary ; 

His Excellency Mr. Sebastian 
B. de Mier, Envoy Extraor- 
dinary and Minister Plenipo- 
tentiary at Paris, second dele- 
gate plenipotentiary ; 

His Excellency Mr. Francisco 
L. de la Barra, Envoy Ex- 
traordinary and Minister 
Plenipotentiary at Brussels 
and at The Hague, third del- 
egate plenipotentiary. 
Montenegro : 

His Excellency Mr. Nelidow, 
Privy Councilor, Russian Am- 
bassador at Paris, delegate 
plenipotentiary ; 

His Excellency Mr. de Martens, 
Privy Councilor, permanent 
member of the Council of the 
Imperial Russian Ministry 
for Foreign Affairs, delegate 
plenipotentiary ; 

His Excellency Mr. Tcharykow, 
Councilor of State, Chamber- 
lain, Envoy Extraordinary 
and Minister Plenipotentiary 
of Russia at The Hague, del- 
egate plenipotentiary. 
Nicaragua : 

His Excellency Mr. Crisanto 
Medina, Envoy Extraordi- 
nary and Minister Plenipo- 
tentiary at Paris, delegate 
plenipotentiary. 



THE FINAL ACTS OF 1899 AND 1907 



17 



1899 



For the Netherlands : 
Jonkheer A. P. C. van Karne- 
beek, ex-Minister for Foreign 
Affairs, member of the Sec- 
ond Chamber of the States- 
General, delegate plenipoten- 
tiary; 
General J. C. C. den Beer Poor- 
tugael, ex-Minister for War, 
member of the Council of 



1907 

Norway :^ 

His Excellency Mr. Francis 
Hagerup, ex-President of the 
Council, ex-professor of law, 
member of the Permanent 
Court of Arbitration, Envoy 
Extraordinary and Minister 
Plenipotentiary at The 
Hague and Copenhagen, dele- 
gate plenipotentiary ; 

Mr. Joachim Grieg, ship-owner 
and Deput}', technical dele- 
gate; 

Mr. Christian Lous Lang, Sec- 
retary to the Nobel Commit- 
tee of the Norwegian Stor- 
thing, technical delegate. 
Panama : 

Mr. Belisario Porras, delegate 
plenipotentiary. 
Paraguay : 

His Excellency Mr. Eusebio 
Machain, Envoy Extraordi- 
nary and Minister Plenipo- 
tentiary at Paris, delegate 
plenipotentiary. 
The Netherlands: 

Mr. W. H. de Beaufort, ex- 
Minister for Foreign Affairs, 
member of the Second 
Chamber of the States-Gen- 
eral, delegate plenipotentiary. 

His Excellency Mr. T. M. C. 
Asser, Minister of State, 
member of the Council of 
State, member of the Perma- 



Norway. 



Panama. 



Paraguay. 



Netherlands. 



^Sweden and Norway constituted a Union until 1905. 
to the First Conference, see p. 23. 



For their delegation 



18 



THE FINAL ACTS OF 1899 AND 1907 



1899 
State, delegate plenipoten- 
tiary; 

Mr. T. M. C. Asser, member 
of the Council of State, dele- 
gate plenipotentiary ; 

Mr. E. N. Rahusen, member 
of the First Chamber of the 
States-General, delegate plen- 
ipotentiary ; 

Captain A. P. Tadema, Chief 
of the Staff of the Nether- 
land Marine, technical dele- 
gate. 



1907 

nent Court of Arbitration, 
delegate plenipotentiary ; 

His Excellency Jonkheer J. C. 
C. den Beer Poortugael, 
Lieutenant General on the re- 
tired hst, ex-Minister of War, 
member of the Council of 
State, delegate plenipoten- 
tiary ; 

His Excellency Jonkheer J. A. 
Roell, Aide-de-camp to Her 
Majesty the Queen in Ex- 
traordinary Service, Vice- 
Admiral on the retired list, 
ex-Minister of Marine, dele- 
gate plenipotentiary ; 

Mr. J. A. Loeff, ex-Minister of 
Justice, member of the Sec- 
ond Chamber of the States- 
General, delegate plenipoten- 
tiary ; 

Mr. H. L. van Oordt, Lieuten- 
ant Colonel on the Staff, pro- 
fessor at the Higher MiHtary 
College, technical delegate; 

Jonkheer W. J. M. van Eysinga, 
Head of the Political Section 
at the Ministry for Foreign 
Affairs, assistant delegate; 

Jonkheer H. A. van Karne- 
beek. Gentleman of the 
Chamber, Assistant Head of 
Department at the Colonial 
Ofifice, assistant delegate ; 

Mr. H. G. Surie, Naval Lieu- 
tenant of the First Class, 
technical delegate. 



THE FINAL ACTS OF 1899 AND 1907 



19 



1899 



For Persia : 

Aide-de-Camp General Mirza 
Riza Khan (Arfa-ud-Dov- 
leh), Envoy Extraordinary 
and Minister Plenipotentiary 
at St. Petersburg and Stock- 
holm, first delegate, plenipo- 
tentiary ; 

Mr. Mirza Samad Khan (Mon- 
tazis-Saltaneh), Counselor of 
Legation at St. Petersburg, 
assistant delegate. 



For Portugal : 

The Count de Macedo, Peer of 
the Kingdom, ex-Minister of 
Marine and the Colonies, En- 
voy Extraordinary and Min- 
ister Plenipotentiary at Ma- 
drid, delegate plenipotentiary ; 

Mr. d'Omellas Vasconcellos, 
Peer of the Kingdom, Envoy 
Extraordinary and Minister 
Plenipotentiary at St. Peters- 



1907 
Peru : p««"»- 

His Excellency Mr. Carlos G. 
Candamo, Envoy Extraordi- 
nary and Minister Plenipo- 
tentiary at Paris and London, 
member of the Permanent 
Court of Arbitration, delegate 
plenipotentiary ; 

Mr. Gustavo de la Fuente, First 
Secretary of Legation at 
Paris, assistant delegate. 
Persia : p^^^'^- 

His Excellency Samad Khan 
Momtas-es-Saltaneh, Envoy 
Extraordinary and Minister 
Plenipotentiary at Paris, 
member of the Permanent 
Court of Arbitration, dele- 
gate, first plenipotentiary ; 

His Excellency Mirza Ahmed 
Khan Sadig-ul-Mulkh, Envoy 
Extraordinary and Minister 
Plenipotentiary at The Hague, 
delegate plenipotentiary ; 

Mr. Hennebicq, Legal Adviser 
to the Minister for Foreign 
Affairs at Teheran, technical 
delegate. 

Portugal : Portugal. 

His Excellency the Marquis de 
Soveral, Councilor of State, 
Peer of the Realm, ex-Min- 
ister for Foreign Affairs, En- 
voy Extraordinary and Min- 
ister Plenipotentiary at Lon- 
don, Ambassador Extraordi- 
nary and Plenipotentiary, del- 
egate plenipotentiary ; 

His Excellency Count de Selir, 



20 



THE FINAL ACTS OF 1899 AND 1907 



Roumania. 



Russia. 



1899 
burg, delegate plenipoten- 
tiary ; 

The Count de Selir, Envoy Ex- 
traordinary and Minister 
Plenipotentiary at The 
Hague, delegate plenipoten- 
tiary; 

Captain Augusto de Castilho, 
technical delegate; 

Captain on the General Staff 
Ayres d'Ornellas, technical 
delegate. 



For Roumania : 

Mr. Alexandre Beldiman, En- 
voy Extraordinary and Min- 
ister Plenipotentiary at Ber- 
lin, first delegate, plenipoten- 
tiary ; 

Mr. Jean N. Papiniu, Envoy 
Extraordinary and Minister 
Plenipotentiary at The 
Hague, second delegate, plen- 
ipotentiary ; 

Aide-de-Camp Colonel Constan- 
tin Coanda, Director of Artil- 
lery at the Ministry for War, 
technical delegate. 
For Russia: 

His Excellency Mr. de Staal, 
Privy Councilor, Russian 
Ambassador at London, dele- 
gate plenipotentiary; 

Mr. de Martens, permanent 
member of the Council of the 
Imperial Ministry for For- 



1907 

Envoy Extraordinary and 
Minister Plenipotentiary at 
The Hague, delegate pleni- 
potentiary ; 

His Excellency Mr. Alberto 
d'Oliveira, Envoy Extraordi- 
nary and Minister Plenipo- 
tentiary at Berne, delegate 
plenipotentiary ; 

Lieutenant Colonel Thomaz An- 
tonio Garcia Rosado, General 
Staff, technical delegate; 

Mr. Guilherme Ivens Ferraz, 
Lieutenant Commander in the 
Navy, technical delegate. 
Roumania : 

His Excellency Mr. Alexandre 
Beldiman, Envoy Extraor- 
dinary and Minister Plenipo- 
tentiary at Berlin, first dele- 
gate plenipotentiary ; 

His Excellency Mr. Edgard 
Mavrocordato, Envoy Ex- 
traordinary and Minister 
Plenipotentiary at The Hague, 
second delegate plenipoten- 
tiary; 

Captain Alexander Sturdza, 
General Staff, technical dele- 
gate. 
Russia : 

His Excellency Mr. Nelidow, 
Privy Councilor, Russian 
Ambassador at Paris, dele- 
gate plenipotentiary ; 

His Excellency Mr. de Martens, 
'Pn^ry Councilor, permanent 
member of the Council of the 



THE FINAL ACTS OF 1899 AND 1907 



21 



1899 
eign Affairs, Privy Councilor, 
delegate plenipotentiary ; 

Mr. de Easily, Councilor of 
State, Chamberlain, Director 
of the First Department of 
the Imperial Ministry for 
Foreign Affairs, delegate 
plenipotentiary ; 

Mr. Raffalovich, Councilor of 
State, Agent in France of the 
Imperial Ministry for Fi- 
nance, technical delegate ; 

Mr. Gilinsky, Colonel on the 
General Staff, technical dele- 
gate; 

Count Barantzew, Colonel of 
Horse Artillery of the Guard, 
technical delegate ; 

Captain Scheine, Russian Naval 
Agent in France, technical 
delegate ; 

Mr. Ovtchinnikow, Naval Lieu- 
tenant, professor of juris- 
prudence, technical delegate. 



1907 

Imperial Ministry for For- 
eign Affairs, member of the 
Permanent Court of Arbitra- 
tion, delegate plenipotentiary ; 

His Excellency Mr. Tchary- 
kow. Councilor of State, 
Chamberlain, Envoy Extraor- 
dinary and Minister Plenipo- 
tentiary at The Hague, dele- 
gate plenipotentiary; 

Mr. Prozor, Councilor of State, 
Chamberlain, Russian Minis- 
ter at Rio de Janeiro, techni- 
cal delegate; 

Major General Yermolow, Mil- 
itary Attache at London, 
technical delegate. 

Colonel Michelson, MiHtary 
Attache at Berlin, technical 
delegate ; 

Captain Behr, Naval Attache at 
London, technical delegate; 

Colonel Ovtchinnikow, of the 
Admiralty, professor of in- 
ternational law at the Naval 
Academy, technical delegate. 
Salvador : 

Mr. Pedro J. Matheu, Charge 
d' Affaires at Paris, member 
of the Permanent Court of 
Arbitration, delegate plenipo- 
tentiary ; 

Mr. Santiago Perez Triana, 
Charge d'Affaires at London, 
member of the Permanent 
Court of Arbitration, delegate 
plenipotentiary. 



Salvador. 



22 



THE FINAL ACTS OF 1899 AND 1907 



Servia. 



Siam. 



1899 
For Servia: 

Mr. Miyatovitch, Envoy Ex- 
traordinary and Minister 
Plenipotentiary at London 
and The Hague, delegate 
plenipotentiary ; 

Colonel Maschine, Envoy Ex- 
traordinary and Minister 
Plenipotentiary at Cettinje, 
delegate plenipotentiary ; 

Dr. Voislave Veljkovitch, pro- 
fessor on the Faculty of Law 
at Belgrade, assistant dele- 
gate. 



For Siam : 

His Excellency Phya Suriya 
Nuvatr, Envoy Extraordi- 
nary and Minister Plenipo- 
tentiary at St. Petersburg and 
Paris, first delegate, plenipo- 
tentiary ; 

His Excellency Phya Visuddha 
Suriya Sakdi, Envoy Ex- 
traordinary and Minister 
Plenipotentiary at The Hague 
and London, second delegate, 
plenipotentiary ; 

Mr. Ch. Corragioni d'Orelli, 
Counselor of Legation, third 
delegate ; 

Mr. fidouard Rolin, Siamese 
Consul General in Belgium, 
fourth delegate. 



1907 

Servia : 

His Excellency General Sava 
Grouitch, President of the 
Council of State, delegate 
plenipotentiary ; 

His Excellency Mr. Milovan 
Milovanovitch, Envoy Ex- 
traordinary and Minister 
Plenipotentiary at Rome, 
member of the Permanent 
Court of Arbitration, delegate 
plenipotentiary ; 

His Excellency Mr. Michel Mi- 
litchevitch, Envoy Extraor- 
dinary and Minister Plenipo- 
tentiary at London and The 
Hague, delegate plenipoten- 
tiary. 
Siam: 

Major General Mom Chatidej 
Udom, delegate plenipoten- 
tiary; 

Mr. Corragioni d'Orelli, Coun- 
selor of Legation at Paris, 
delegate plenipotentiary ; 

Captain Luang Bhuvanarth 
Nariibal, delegate plenipoten- 
tiary. 



THE FINAL ACTS OF 1899 AND 1907 



23 



1899 

For Sweden and Norway : 

The Baron de Bildt, Envoy Ex- 
traordinary and Minister 
Plenipotentiary at the Royal 
Court of Italy, delegate pleni- 
potentiary. 
Sweden: 

Colonel P. H. E. Brandstron, 
Chief of First Regiment of 
Grenadiers of the Guard, 
technical delegate ; 

Captain C. A. M. de Hjulham- 
mar, Swedish Navy, techni- 
cal delegate. 
Norway: 

Mr. W. Konow, President of 
the Odelsting, technical dele- 
gate; 

Major General J. J. Thaulow, 
Surgeon General of the 
Army and Navy, technical 
delegate. 



For Switzerland : 

Dr. Arnold Roth, Envoy Ex- 
traordinary and Minister 
Plenipotentiary at Berlin, del- 
egate plenipotentiary ; 

Colonel Arnold Kiinzli, Na- 
tional Councilor, delegate ; 

Mr. Edouard Odier, National 
Councilor, delegate plenipo- 
tentiary. 



1907 

Sweden : 

His Excellency Mr. Knut Hjal- 
mar Leonard de Hammar- 
skjold. Envoy Extraordinary 
and Minister Plenipotentiary 
at Copenhagen, ex-Minister 
of Justice, member of the 
Permanent Court of Arbitra- 
tion, first delegate plenipo- 
tentiary ; 

Mr. Johannes Hellner, ex-Min- 
ister without Portfolio, ex- 
member of the Supreme 
Court of Sweden, member of 
the Permanent Court of Ar- 
bitration, second delegate 
plenipotentiary. 

Colonel David Hedengren, 
Commanding a Regiment of 
Artillery, technical delegate; 

Commander Gustaf de Klint, 
Head of a Section on the 
Staff of the Royal Navy, 
technical delegate. 
Switzerland : 

His Excellency Mr. Gaston 
Carlin, Envoy Extraordinary 
and Minister Plenipotentiary 
at London and The Hague, 
delegate plenipotentiary ; 

Mr. Eugene Borel, Colonel on 
the General Staff, professor 
at the University of Geneva, 
delegate plenipotentiary ; 

Mr. Max Huber, professor of 
law at the University of Zu- 
rich, delegate plenipotentiary. 



Sweden. 



Switzerland. 



24 



THE FINAL ACTS OF 1899 AND 1907 



Turkey. 



Uruguay. 



Venezuela. 



1899 
For Turkey : 

His Excellency Turkhan Pasha, 
ex-Minister for Foreign Af- 
fairs, member of the Council 
of State, first delegate, pleni- 
potentiary ; 

Noury Bey, Secretary General 
to the Ministry for Foreign 
Affairs, delegate plenipoten- 
tiary; 

Abdullah Pasha, General of Di- 
vision of the Staff, delegate 
plenipotentiary ; 

Mehemed Pasha, Rear-Admiral, 
delegate plenipotentiary. 



1907 

Turkey : 

His Excellency Turkhan Pasha, 
Ambassador Extraordinary, 
Minister of the Evkaf, first 
delegate plenipotentiary ; 

His Excellency Rechid Bey, 
Turkish Ambassador at 
Rome, delegate plenipoten- 
tiary; 

His Excellency Vice-Admiral 
Mehemed Pasha, delegate 
plenipotentiary ; 

Raif Bey, Legal Adviser on the 
Civil List, assistant delegate ; 

Colonel on the Staff Mehemmed 
Said Bey, assistant delegate. 
Uruguay : 

Mr. Jose Batlle y Ordonez, ex- 
President of the Republic, 
member of the Permanent 
Court of Arbitration, first 
delegate plenipotentiary ; 

His Excellency Mr. Juan P. 
Castro, ex-President of the 
Senate, Envoy Extraordinary 
and Minister Plenipotentiary 
at Paris, member of the Per- 
manent Court of Arbitration, 
delegate plenipotentiary ; 

Colonel Sebastian Buquet, 
Commanding a Regiment of 
Field Artillery, technical del- 
egate. 
The United States of Venezuela : 

Mr. Jose Gil Fortoul, Charge 
d'Affaires at Berlin, delegate 
plenipotentiary. 



THE FINAL ACTS OF 1899 AND 1907 



25 



1899 

In a series of meetings, between 
the 18th May and the 29th July, 
1899, in which the constant desire 
of the delegates above-mentioned 
has been to reaHze, in the fullest 
manner possible, the generous 
views of the august initiator of 
the Conference and the intentions 
of their Governments, the Confer- 
ence has agreed, for submission 
for signature by the plenipoten- 
tiaries, on the text of the Conven- 
tions and Declarations enumerated 
below and annexed to the present 
Act: 

I. Convention for the peaceful 
adjustment of international 
differences. 



II. Convention regarding the 
laws and customs of war on 
land. 



1907 
At a series of meetings, held 
from the 15th June to the 18th 
October, 1907, in which the above 
delegates were throughout ani- 
mated by the desire to realize, in 
the fullest possible measure, the 
generous views of the august initi- 
ator of the Conference and the in- 
tentions of their Governments, the 
Conference drew up, for submis- 
sion for signature by the plenipo- 
tentiaries, the text of the Conven- 
tions and of the Declaration enu- 
merated below and annexed to the 
present Act : 

I. Convention for the pacific 
settlement of international 
disputes. 

II. Convention respecting the 
limitation of the employment 
of force for the recovery of 
contract debts. 

III. Convention relative to the 
opening of hostilities. 

IV. Convention respecting the 
laws and customs of war on 
land. 

V. Convention respecting the 
rights and duties of neutral 
powers and persons in case 
of war on land. 

VI. Convention relative to the 
status of enemy merchant 
ships at the outbreak of hos- 
tilities. 

VII. Convention relative to the 
conversion of merchant ships 
into war-ships. 



Preamble. 



Conventions: 

Pacific 

settlements. 



Contract debts. 



Opening of 
hostilities. 



Land warfare. 



Neutrals in 
war on land. 



Enemy mer- 
chant ships. 



Conversion. 



26 



THE FINAL ACTS OF 1899 AND 1907 



1899 



Submarine 
mines. 



Naval 
bombardment. 



Geneva 
Convention. 



Capture in 
naval war. 



Prize Court. 



Neutrals in 
naval war. 



Declarations: 

Projectiles 
from balloons. 



Asphyxiating 
gases. 



Expanding 
bullets. 



III. Convention for the adapta- 
tion to maritime warfare of 
the principles of the Geneva 
Convention of the 22d Au- 
gust, 1864. 



IV. Three Declarations: 
l.To prohibit the launching 
of projectiles and explosives 
from balloons or by other 
similar new methods. 

2. To prohibit the use of projec- 
tiles, the only object of which 
is the diffusion of asphyxia- 
ting or deleterious gases. 

3. To prohibit the use of bullets 
which expand or flatten easily 
in the human body, such as 
bullets with a hard envelope, 
of which the envelope does 
not entirely cover the core 
or is pierced with incisions. 



1907 

VIII. Convention relative to 
the laying of automatic sub- 
marine contact mines. 

IX. Convention respecting bom- 
bardment by naval forces in 
time of war. 

X. Convention for the adapta- 
tion to naval war of the prin- 
ciples of the Geneva Conven- 
tion. 

XL Convention relative to cer- 
tain restrictions with regard 
to the exercise of the right 
of capture in naval war. 

XII. Convention relative to the 
creation of an International 
Prize Court. 

XIII. Convention concerning 
the rights and duties of neu- 
tral Powers in naval war. 

XIV. Declaration prohibiting 
the discharge of projectiles 
and explosives from balloons. 



THE FINAL ACTS OF 1899 AND 1907 



27 



1899 
These Conventions and Decla- 
rations shall form so many sepa- 
rate Acts. These Acts shall be 
dated this day, and may be signed 
up to the 31st December, 1899, by 
the plenipotentiaries of the Pow- 
ers represented at the Interna- 
tional Peace Conference at The 
Hague. 



1907 

These Conventions and Decla- ff^ab^e. 
ration shall form so many sepa- 
rate Acts. These Acts shall be 
dated this day, and may be signed 
up to the 30th June, 1908, at The 
Hague, by the plenipotentiaries 
of the Powers represented at the 
Second Peace Conference. 

The Conference, actuated by the 
spirit of mutual agreement and 
concession characterizing its de- 
liberations, has agreed upon the 
following Declaration, which, 
while reserving to each of the 
Powers represented full liberty of 
action as regards voting, enables 
them to affirm the principles 
which they regard as unanimous- 
ly admitted : 

It is unanimous Declaration 

respecting 

1. In admitting the principle of arbifratio^n 
compulsory arbitration. 

2. In declaring that certain dis- 
putes, in particular those relating 
to the interpretation and applica- 
tion of the provisions of interna- 
tional agreements, may be sub- 
mitted to compulsory arbitration 
without any restriction. 

Finally, it is unanimous in pro- 
claiming that, although it has not 
yet been found feasible to con- 
clude a Convention in this sense, 
nevertheless the divergences of 
opinion which have come to light 
have not exceeded the bounds of 
judicial controversy, and that, by 



28 



THE FINAL ACTS OF 1899 AND 1907 



1899 



Resolution 
respecting 
limitation 
of military 
expenditure. 



Vofux 



1. (1899) Revi- 
sion of Geneva 
Convention. 

(1907) Judicial 

Arbitration 

Court. 



Guided by the same sentiments, 
the Conference has adopted unan- 
imously the following Resolution : 
The Conference is of opinion 
that the restriction of mili- 
tary charges, which are at 
present a heavy burden on 
the world, is extremely desir- 
able for the increase of the 
material and moral welfare 
of mankind. 



It has besides formulated the 
following Vceux: 

l.The Conference, taking into 
consideration the preliminary 
step taken by the Swiss Fed- 
eral Government for the re- 
vision of the Geneva Conven- 
tion, expresses the wish that 
steps may be shortly taken 
for the assembly of a special 
Conference having for its ob- 
ject the revision of that Con- 
vention. 

This wish was voted unani- 
mously. 



1907 

working together here during the 
past four months, the collected 
Powers not only have learnt to 
understand one another and to 
draw closer together, but have 
succeeded in the course of this 
long collaboration in evolving a 
very lofty conception of the com- 
mon welfare of humanity. 

The Conference has further 
unanimously adopted the follow- 
ing Resolution : 

The Second Peace Conference 
confirms the Resolution 
adopted by the Conference of 
1899 in regard to the limita- 
tion of military expenditure; 
and inasmuch as military ex- 
penditure has considerably 
increased in almost every 
country since that time, the 
Conference declares that it is 
eminently desirable that the 
Governments should resume 
the serious examination of 
this question. 
It has besides expressed the fol- 
lowing Vceux: 

1. The Conference recommends 
to the signatory Powers the 
adoption of the annexed draft 
Convention^ for the creation 
of a Judicial Arbitration 
Court, and the bringing it into 
force as soon as an agree- 
ment has been reached re- 
specting the selection of the 
judges and the constitution 
of the Court. 



^Post, p. 31. 



THE FINAL ACTS OF 1899 AND 1907 



29 



1899 
2. The Conference expresses the 
wish that the questions of the 
rights and duties of neutrals 
may be inserted in the pro- 
gram of a Conference in the 
near future. 



3. The Conference expresses the 
wish that the questions with 
regard to rifles and naval 
guns, as considered by it, may 
be studied by the Govern- 
ments with the object of com- 
ing to an agreement respect- 
ing the employment of new 
types and calibers. 

4. The Conference expresses the 
wish that the Governments, 
taking into consideration the 
proposals made at the Con- 
ference, may examine the 
possibility of an agreement as 
to the limitation of armed 
forces by land and sea, and 
of war budgets. 



5. The Conference expresses the 
wish that the proposal, which 
contemplates the declaration 
of the inviolability of private 
property in naval warfare, 



1907 

2. The Conference expresses the 
opinion that, in case of war, 
the responsible authorities, 
civil as well as military, 
should make it their special 
duty to ensure and safeguard 
the maintenance of pacific 
relations, more especially of 
the commercial and industrial 
relations between the inhabit- 
ants of the belligerent States 
and neutral countries. 

3. The Conference expresses the 
opinion that the Powers 
should regulate, by special 
treaties, the position, as re- 
gards military charges, of 
foreigners residing within 
their territories. 



4. The Conference expresses the 
opinion that the preparation 
of regulations relative to the 
laws and customs of naval 
war should figure in the pro- 
gram of the next Confer- 
ence, and that in any case the 
Powers may apply, as far as 
possible, to war by sea the 
principles of the Convention 
relative to the laws and cus- 
toms of war on land. 
Finally, the Conference recom- 
mends to the Powers the assembly 
of a Third Peace Conference, 
which might be held within a 
period corresponding to that 



2. (1899) Rights 
and duties 
of neutrals. 

(1907) Mainte- 
nance of rela- 
tions between 
belligerents 
and neutrals. 



3. (1899) Types 
and calibers of 
guns. 

(1907) Military 
charges on 
resident aliens. 



4. (1899) Limi- 
tation of armed 
forces and 
budgets. 

(1907) Laws 
and customs of 
naval war. 



5. (1899) Pri- 
vate property 
in naval war. 
(1907) Third 
Peace Con- 
ference 



30 



THE FINAL ACTS OF 1899 AND 1907 



1899 

may be referred to a subse- 
quent Conference for consid- 
eration. 



6. (1899) Naval 
bombardment 
of ports, etc. 



6. The Conference expresses the 
wish that the proposal to set- 
tle the question of the bom- 
bardment of ports, towns, 
and villages by a naval force 
may be referred to a subse- 



1907 

which has elapsed since the pre- 
ceding Conference, at a date to 
be fixed by common agreement 
between the Powers, and it calls 
their attention to the necessity of 
preparing the program of this 
Third Conference a sufficient time 
in advance to ensure its delibera- 
tions being conducted with the 
necessary authority and expedi- 
tion. 

In order to attain this object 
the Conference considers that it 
would be very desirable that, some 
two years before the probable date 
of the meeting, a preparator}-- 
committee should be charged by 
the Governments with the task of 
collecting the various proposals to 
be submitted to the Conference, of 
ascertaining what subjects are ripe 
for embodiment in an interna- 
tional regulation, and of preparing 
a program which the Govern- 
ments should decide upon in suf- 
ficient time to enable it to be care- 
fully examined by the countries 
interested. This committee should 
further be intrusted with the task 
of proposing a system of organi- 
zation and procedure for the Con- 
ference itself. 



PROJECT OF 1907 FOR JUDICIAL ARBITRATION COURT 31 



1899 
quent Conference for consid- 
eration. 

The last five wishes were voted 
unanimously, saving some absten- 
tions. 

In faith of which, the plenipo- 
tentiaries have signed the present 
Act, and have afifixed their seals 
thereto. 

Done at The Hague, 29th July, 
1899, in one copy only, which 
shall be deposited in the Ministry 
for Foreign Afifairs, and of which 
copies, duly certified, shall be de- 
livered to all the Powers repre- 
sented at the Conference. 

[Here follow signatures.] 



1907 



In faith whereof the Plenipo- Signing. 
tentiaries have signed the present 
Act and have affixed their seals 
thereto. 

Done at The Hague, the 18th ^^%^^°* 
October, 1907, in a single copy, 
which shall remain deposited in 
the archives of the Netherland 
Government, and duly certified ^^^'^'^^^1°^'^ 
copies of which shall be sent to all 
the Powers represented at the 
Conference. 

[Here follow signatures.] 



Annex to the First Vceu^ of the Second Peace Conference 

DRAFT CONVENTION RELATIVE TO THE CREATION OF A 
JUDICIAL ARBITRATION COURT 

Part I. — Constitution of the Judicial Arbitration Court 

Article 1 



Constitution 
of Court. 



With a view to promoting the cause of arbitration, the contracting 1^^*^^!^^°^^ 
Powers agree to constitute, without altering the status of the Perma- ^°bUja*tion 
nent Court of Arbitration,^ a Judicial Arbitration Court, of free and not altered. 
easy access, composed of judges representing the various juridical 
systems of the world, and capable of insuring continuity in jurispru- 
dence of arbitration. 

Article 2 

The Judicial Arbitration Court is composed of judges and deputy Qf"^'Jj^berT^ 
judges chosen from persons of the highest moral reputation, and all °^ c°"''*- 



^Ante. p. 28. 
^Post, p. 57. 



32 



THE FINAL ACT OF 1907 



fulfilling conditions qualifying them, in their respective countries, to 
occupy high legal posts, or be jurists of recognized competence in 
matters of international law. 

The judges and deputy judges of the Court are appointed, as far as 
possible, from the members of the Permanent Court of Arbitration. 
The appointment shall be made within the six months following the 
ratification of the present Convention. 



Term of 
service. 



Vacancies. 



Article 3 

The judges and deputy judges are appointed for a period of twelve 
years, counting from the date on which the appointment is notified 
to the Administrative Council^ created by the Convention for the 
pacific settlement of international disputes. Their appointments can 
be renewed. 

Should a judge or deputy judge die or retire, the vacancy is filled 
in the manner in which his appointment was made. In this case, the 
appointment is made for a fresh period of twelve years. 



Rank of 
merabers. 



Article 4 

The judges of the Judicial Arbitration Court are equal and rank 
according to the date on which their appointment was notified. The 
judge who is senior in point of age takes precedence when the date 
of notification is the same. 

The deputy judges are assimilated, in the exercise of their func- 
tions, with the judges. They rank, however, below the latter. 



Diplomatic 
privileges and 
immunities. 



Article 5 

The judges enjoy diplomatic privileges and immunities in the 
exercise of their functions, outside their own country. 

Before taking their seat, the judges and deputy judges must, before 
the Administrative Council, swear or make a solemn affirmation to 
exercise their functions impartially and conscientiously. 



Special 
delegation. 



Article 6 

The Court annually nominates three judges to form a special dele- 
gation and three more to replace them should the necessity arise. 
They may be reelected. They are balloted for. The persons who 

^Post, p. 62. 



PROJECT OF 1907 FOR JUDICIAL ARBITRATION COURT 33 

secure the largest number of votes are considered elected. The dele- 
gation itself elects its president, who, in default of a majority, is 
appointed by lot. 

A member of the delegation can not exercise his duties when the 
Power which appointed him, or of which he is a national, is one of 
the parties. 

The members of the delegation are to conclude all matters sub- 
mitted to them, even if the period for which they have been appointed 
judges has expired. 

Article 7 

A judge may not exercise his judicial functions in any case in which ^f'!,''"u^dg^';^**°" 
he has, in any way whatever, taken part in the decision of a national 
tribunal, of a tribunal of arbitration, or of a commission of inquiry, or 
has figured in the suit as counsel or advocate for one of the parties.^ 

A judge can not act as agent or advocate before the Judicial Arbi- 
tration Court or the Permanent Court of Arbitration, before a special 
tribunal of arbitration or a commission of inquiry, nor act for one of the 
parties in any capacity whatsoever so long as his appointment lasts. 

Article 8 

The Court elects its president and vice-president by an absolute [^°presi'dent 
majority of the votes cast. After two ballots, the election is made by ^J^g'^g^'J^^; 
a bare majority and, in case the votes are even, by lot. 

Article 9 

The judges of the Judicial Arbitration Court receive an annual Jf°j^Pdg"es!*'°" 
salary of 6,000 Netherland florins. This salary is paid at the end of 
each half-year, reckoned from the date on which the Court meets for 
the first time. 

In the exercise of their duties during the sessions or in the special 
cases covered by the present Convention, they receive the sum of 100 
florins per diem. They are further entitled to receive a traveling allow- 
ance fixed in accordance with regulations existing in their own country. 
The provisions of the present paragraph are applicable also to a 
deputy judge when acting for a judge. 

These emoluments are included in the general expenses of the Court 
dealt with in Article 31, and are paid through the International Bureau^ 



iCf. Article 18, post, p. 35. 
^Post. p. 57. 



34 



THE FINAL ACT OF 1907 



created by the Convention for the pacific settlement of international 
disputes. 

Article 10 

The judges may not accept from their own Government or from that 
of any other Power any remuneration for services connected with their 
duties in their capacity of members of the Court. 



Seat of 
the Court. 



Functions of 

Administrative 

Council. 



functions of 
International 
Bureau. 



Secretaries, 
etc., appointed 
by Court. 



Article 11 

The seat of the Judicial Court of Arbitration is at The Hague, and 
can not be transferred, unless absolutely obliged by circumstances, 
elsewhere. 

The delegation may choose, with the assent of the parties concerned, 
another site for its meetings, if special circumstances render such a 
step necessary. 

Article 12 

The Administrative Council fulfils with regard to the Judicial 
Court of Arbitration the same functions as to the Permanent Court 
of Arbitration. 

Article 13 

The International Bureau acts as registry to the Judicial Court of 
Arbitration, and must place its offices and staff at the disposal of the 
Court. It has charge of the archives and carries out the administrative 
work. 

The secretary general of the Bureau discharges the functions of 
registrar. 

The necessary secretaries to assist the registrar, translators and 
shorthand writers are appointed and sworn in by the Court. 



Sessions. 



Article 14 

The Court meets in session once a year. The session opens the third 
Wednesday in June and lasts until all the business on the agenda has 
been transacted. 

The Court does not meet in session if the delegation considers that 
such meeting is unnecessary. However, when a Power is party in a 
case actually pending before the Court, the pleadings in which are 
closed, or about to be closed, it may insist that the session should be 
held. 



PROJECT OF 1907 FOR JUDICIAL ARBITRATION COURT 35 

When necessary, the delegation may summon the Court in extraor- 
dinary session. 

Article 15 

A report of the doings of the Court shall be drawn up every year Report, 
by the delegation. This report shall be forwarded to the contracting 
Powers through the International Bureau, It shall also be communi- 
cated to the judges and deputy judges of the Court. 

Article 16 

The judges and deputy judges, members of the Judicial Arbitra- Judges may 
tion Court, can also exercise the functions of judge and deputy judge iX'^^n'^Jfo^ai 
in the International Prize Court. P"^« Court. 

Part II. — Competency and Procedure ancTprocedure. 

Article 17 

The Judicial Court of Arbitration is competent to deal with all of°CourT'^^ 
cases submitted to it, in virtue either of a general undertaking to have 
recourse to arbitration or of a special agreement. 

Article 18 

The delegation is competent- ^ ifffiS. 

1. To decide the arbitrations referred to in the preceding article, 
if the parties concerned are agreed that the summary procedure, laid 
down in Part IV, Chapter IV, of the Convention for the pacific settle- 
ment of international disputes is to be applied ; 

2. To hold an inquiry under and in accordance with Part III of the 
said Convention, in so far as the delegation is intrusted with such 
inquiry by the parties acting in common agreement. With the assent 
of the parties concerned, and as an exception to Article 7, paragraph 1, 
the members of the delegation who have taken part in the inquiry may 
sit as judges, if the case in dispute is submitted to the arbitration of the 
Court or of the delegation itself. 

Article 19 



The delegation is also competent to settle the compromis referred Delegation may 

^ ^ _ ^ draw up com- 

to in Article 52 of the Convention for the pacific settlement of inter- Promts \i 

^ parties agree; 

national disputes if the parties are agreed to leave it to the Court. 



36 



THE FINAL ACT OF 1907 



or in case of 
a dispute 
governed by a 
general treaty; 



or of one 

originating from 
contract debts. 



It is equally competent to do so, even when the request is only made 
by one of the parties concerned, if all attempts have failed to reach 
an understanding through the diplomatic channel, in the case of — 

1. A dispute covered by a general treaty of arbitration concluded 
or renewed after the present Convention has come into force, pro- 
viding for a compromis in all disputes, and not either explicitly or im- 
pHcitly excluding the settlement of the compromis from the compe- 
tence of the delegation. Recourse can not, however, be had to the 
Court if the other party declares that in its opinion the dispute does 
not belong to the category of questions to be submitted to compulsory 
arbitration, unless the treaty of arbitration confers upon the arbitration 
tribunal the power of deciding this preliminary question. 

2. A dispute arising from contract debts claimed from one Power 
by another Power as due to its nationals, and for the settlement of 
which the offer of arbitration has been accepted. This arrangement is 
not applicable if acceptance is subject to the condition that the com- 
promis should be settled in some other way. 



Parties may 

nominate 

judges. 



Article 20 

Each of the parties concerned may nominate a judge of the Court 
to take part, with power to vote, in the examination of the case sub- 
mitted to the delegation. 

If the delegation acts as a commission of inquiry, this task may be 
intrusted to persons other than the judges of the Court. The travel- 
ing expenses and remuneration to be given to the said persons are fixed 
and borne by the Powers appointing them. 



Contracting 
Powers only 
to have access 
to Court. 



Rules of 
procedure. 



Article 21 

The contracting Powers only may have access to the Judicial Arbi- 
tration Court set up by the present Convention. 

Article 22 

The Judicial Court of Arbitration follows the rules of procedure laid 
down in the Convention for the pacific settlement of international 
disputes, except in so far as the procedure is laid down in the present 
Convention. 



PROJECT OF 1907 FOR JUDICIAL ARBITRATION COURT Z7 

Article 23 

The Court determines what language it will itself use and what Languages, 
languages may be used before it. 

Article 24 
The International Bureau serves as channel for all communications international 

Bureau channel 

to be made to the judges during the interchanere of pleadinsfs provided for 9°'": 

■' ° ° & J:' & f munication. 

for in Article 63, paragraph 2, of the Convention for the pacific settle- 
ment of international disputes. 

Article 25 

For all notices to be served, in particular on the parties, witnesses, bL°serve*d 
or experts, the Court may apply direct to the Government of the State 
on whose territory the service is to be carried out. The same rule 
applies in the case of steps being taken to procure evidence. 

The requests addressed for this purpose can only be rejected when 
the Power applied to considers them likely to impair its sovereign 
rights or its safety. If the request is complied with, the fees charged 
must only comprise the expenses actually incurred. 

The Court is equally entitled to act through the Power on whose 
territory it sits. 

Notices to be given to parties in the place where the Court sits may 
be served through the International Bureau. 

Article 26 
The discussions are under the control of the president or vice-presi- Control of 

■^ '^ Qiscussions. 

dent, or, in case they are absent or can not act, of the senior judge 
present. 

The judge appointed by one of the parties can not preside. 

Article 27 
The Court considers its decisions in private, and the proceedings Decisions and 

proceedings. 

are secret. 

All decisions are arrived at by a majority of the judgfes present. Decisions 

jor- jjy niajonty. 

If the number of judges is even and equally divided, the vote of the 
junior judge, in the order of precedence laid down in Article 4, 
paragraph 1, is not counted. 



38 



THE FINAL ACT OF 1907 



Requisites of 
judgment. 



Article 28 

The judgment of the Court must give the reasons on which it is 
based. It contains the names of the judges taking part in it; it is 
signed by the president and registrar. 



Payment 
of costs. 



Article 29 



Each party pays its own costs and an equal share of the costs of 
the trial. 

Article 30 



29^ap'Hcabie"'^ ^^^ provisious of Articlcs 21 to 29 are applicable by analogy to the 
to procedure be- proccdurc bcforc the delegation. 

fore delegation. ^ o 

When the right of attaching a member to the delegation has been 
exercised by one of the parties only, the vote of the member attached 
is not recorded if the votes are evenly divided. 



Expenses 
of Court. 



Article 31 

The general expenses of the Court are borne by the contracting 
Powers. 

The Administrative Council applies to the Powers to obtain the 
funds requisite for the working of the Court. 



Rules of 

procedure. 



Article 32 

The Court itself draws up its own rules of procedure, which must 
be communicated to the contracting Powers. 

After the ratification of the present Convention the Court shall meet 
as early as possible in order to elaborate these rules, elect the president 
and vice-president, and appoint the members of the delegation. 



Modifications 
in provisions 
respecting 
procedure. 



Article 33 

The Court may propose modifications in the provisions of the present 
Convention concerning procedure. These proposals are communicated 
through the Netherland Government to the contracting Powers, which 
will consider together as to the measures to be taken. 



PROJECT OF 1907 FOR JUDICIAL ARBITRATION COURT 39 



Part III. — Final Provisions T'"^' •„„. 

provisions. 



Article 34 



Ratification. 



The present Convention shall be ratified as soon as possible. 

The ratifications shall be deposited at The Hague. Then'^ul 

A proces-verhal of the deposit of each ratification shall be drawn up, 

of which a duly certified copy shall be sent through the diplomatic 

channel to all the signatory Powers. 

Article 35 

The Convention shall come into force six months after its ratifi- convenUon! 
cation. 

It shall remain in force for twelve years, and shall be tacitly re- 
newed for periods of twelve years, unless denounced. 

The denunciation must be notified, at least two years before the Denunciatioi 
expiration of each period, to the Netherland Government, which will 
inform the other Powers. 

The denunciation shall only have effect in regard to the notifying power'oniy 
Power. The Convention shall continue in force as far as the other ^ffe'^ted. 
Powers are concerned. 



SIGNATURES AND RESERVATION! 

The 1899 Final Act was signed by plenipotentiaries of all the 
Powers represented at the First Conference, to wit: 

Austria-Hungary Montenegro 

Belgium Netherlands 

Bulgaria Persia 

China Portugal 

Denmark Roumania 

France Russia 

Germany Servia 

Great Britain Siam 

Greece Spain 

Italy Sweden and Norway 

Japan Switzerland 

Luxemburg Turkey 

Mexico United States 



iThe Final Acts, being summaries of the proceedings of the Conferences, are 
not conventional agreements and accordingly are not ratified. 



40 THE FINAL ACTS OF 1899 AND 1907 

The 1907 Final Act was signed by the above-mentioned Powers,^ 
as well as by the following: 

Argentine Republic Guatemala 

Bolivia Haiti 

Brazil Nicaragua 

Chile Panama 

Colombia Peru 

Cuba Salvador 

Dominican Republic Uruguay 

Ecuador Venezuela 

Reservation:^ 
Switzerland 

Under reservation of Vccu No. 1, which the Swiss Federal 
Council does not accept. 



^In 1907 Norway and Sweden signed as separate Powers. 
^Reservation made at signature. 



THE HAGUE CONVENTIONS OF 1899 (I) AND 1907 (I) FOR THE 
PACIFIC SETTLEMENT OF INTERNATIONAL DISPUTES 



1899 



1907 



Convention (I) for the pacific Convention (I) for the pacific 
settlement of international dis- settlement of international dis- 
putes. — Signed at The Hague, putes. — Signed at The Hague. 
July 29, 1899. October 18, 1907.^ 



His Majesty the German Em- 
peror, King of Prussia; [etc.] : 

Animated by a strong desire to 
concert for the maintenance of 
the general peace ; 

Resolved to second by their 
best efforts the friendly settle- 
ment of international disputes ; 

Recognizing the solidarity 
which unites the members of the 
society of civilized nations ; 

Desirous of extending the em- 
pire of law and of strengthening 
the appreciation of international 
justice ; 

Convinced that the permanent 
institution of a Court of Arbi- 
tration, accessible to all, in the 
midst of the independent Powers, 
will contribute effectively to this 
result ; 

Having regard to the advan- 
tages attending the general and 
regular organization of arbitral 
procedure ; 



His Majesty the German Em- 
peror, King of Prussia; [etc.]: 

Animated by the sincere desire convention 
to work for the maintenance of 
general peace ; 

Resolved to promote by all the 
efforts in their power the friendly 
settlement of international dis- 
putes ; 

Recognizing the solidarity unit- 
ing the members of the society of 
civilized nations ; 

Desirous of extending the em- 
pire of law and of strengthening 
the appreciation of international 
justice ; 

Convinced that the permanent 
institution of a tribunal of arbi- 
tration, accessible to all, in the 
midst of independent Powers, will 
contribute effectively to this re- 
sult; 

Having regard to the advan- 
tages attending the general and 
regular organization of the pro- 
cedure of arbitration ; 



^Italics indicate differences between the Conventions of 1899 and 1907. 



42 



CONVENTIONS I OF 1899 AND 1907 



Plenipo- 
tentiaries. 



1899 
Sharing the opinion of the au- 
gust initiator of the International 
Peace Conference that it is expe- 
dient to record in an international 
agreement the principles of 
equity and right on which are 
based the security of States and 
the welfare of peoples; 



Being desirous of concluding a 
Convention to this effect, have ap- 
pointed as their plenipotentiaries, 
to wit: 

[Here follow the names of 
plenipotentiaries. ] 

Who, after communication of 
their full powers, found in good 
and due form, have agreed on the 
following provisions : 



1907 

Sharing the opinion of the au- 
gust initiator of the International 
Peace Conference that it is expe- 
dient to record in an interna- 
tional agreement the principles of 
equity and right on which are 
based the security of States and 
the welfare of peoples ; 

Being desirous, with this object, 
of insuring the better working in 
practice of commissions of in- 
quiry and tribunals of arbitration, 
and of facilitating recourse to ar- 
bitration in cases which allow of 
a summary procedure; 

Have deemed it necessary to 
revise in certain particulars and 
to complete the work of the First 
Peace Conference for the pacific 
settlement of international dis- 
putes; 

The high contracting Parties 
have resolved to conclude a new 
Convention for this purpose, and 
have appointed the following as 
their plenipotentiaries : 

[Here follow the names of 
plenipotentiaries. ] 

Who, after having deposited 
their full powers, found in good 
and due form, have agreed upon 
the following: 



Maintenance of 
general peace. 



Peaceful 
settlement of 
differences. 



Title I. — On the Maintenance 
OF THE General Peace 

Article 1 



Part I. — The Maintenance of 
General Peace 

Article 1 



With a view to obviating, as far With a view to obviating as far 
as possible, recourse to force in as possible recourse to force in the 



PACIFIC SETTLEMENT OF INTERNATIONAL DISPUTES 43 



1899 
the relations between States, the 
signatory Powers agree to use 
their best efforts to insure the 
pacific settlement of international 
differences. 



1907 
relations between States, the con- 
tracting Powers agree to use their 
best efforts to insure the pacific 
settlement of international differ- 
ences. 



Title II. — On Good Offices Part II. — Good Offices and Good offices 

and mediation. 



AND Mediation 

Article 2 

In case of serious disagreement 
or conflict, before an appeal to 
arms, the signatory Powers agree 
to have recourse, as far as cir- 
cumstances allow, to the good 
offices or mediation of one or 
more friendly Powers. 

Article 3 

Independently of this recourse, 
the signatory Powers recommend 
that one or more Powers, stran- 
gers to the dispute, should, on 
their own initiative, and as far as 
circumstances may allow, offer 
their good offices or mediation to 
the States at variance. 

Powers, strangers to the dis- 
pute, have the right to offer good 
ofifices or mediation, even during 
the course of hostihties. 

The exercise of this right can 
never be regarded by one or the 
other of the parties in conflict as 
an unfriendly act. 



Mediation 

Article 2 

In case of serious disagreement food^Jalesoi 
or dispute, before an appeal to ^"^"'^'y Powers, 
arms, the contracting Powers 
agree to have recourse, as far as 
circumstances allow, to the good 
offices or mediation of one or 
more friendly Powers. 

Article 3 

Independently of this recourse, ^^|;"ti°n 
the contracting Powers deem it 
expedient and desirable that one 
or more Powers, strangers to the 
dispute, should, on their own in- 
itiative and as far as circum- 
stances may allow, offer their 
good offices or mediation to the 
States at variance. 

Powers strangers to the dispute hoTmfies. 
have the right to offer good offices 
or mediation even during the 
course of hostilities. 

The exercise of this right can 
never be regarded by either of the 
parties in dispute as an unfriendly 
act. 



Not an 
unfriendly act. 



44 



CONVENTIONS I OF 1899 AND 1907 



Function of 
mediator. 



1899 
Article 4 



1907 
Article 4 



The part of the mediator con- The part of the mediator con- 
sists in reconciUng the opposing sists in reconciling the opposing 
claims and appeasing the feelings claims and appeasing the feelings 
of resentment which may have of resentment which may have 
arisen between the States at vari- arisen between the States at vari- 



ance. 



ance. 



End of media- 
tor's functions. 



Not binding. 



War measures 
not interrupted. 



Article 5 

The functions of the mediator 
are at an end when once it is de- 
clared, either by one of the parties 
to the dispute, or by the mediator 
himself, that the means of recon- 
ciliation proposed by him are not 
accepted. 

Article 6 

Good offices and mediation, 
either at the request of the par- 
ties at variance, or on the initia- 
tive of Powers strangers to the 
dispute, have exclusively the 
character of advice and never 
have binding force. 

Article 7 

The acceptance of mediation 
can not, unless there be an agree- 
ment to the contrary, have the 
effect of interrupting, delaying, 
or hindering mobilization or other 
measures of preparation for war. 

If mediation occurs after the 
commencement of hostilities it 
causes no interruption to the mil- 
itary operations in progress, un- 



Article 5 

The functions of the mediator 
are at an end when once it is de- 
clared, either by one of the parties 
to the dispute or by the mediator 
himself, that the means of recon- 
ciliation proposed by him are not 
accepted. 

Article 6 

Good oflfices and mediation un- 
dertaken either at the request of 
the parties in dispute or on the in- 
itiative of Powers strangers to the 
dispute have exclusively the char- 
acter of advice, and never have 
binding force. 

Article 7 

The acceptance of mediation 
can not, unless there be an agree- 
ment to the contrary, have the 
effect of interrupting, delaying, or 
hindering mobilization or other 
measures of preparation for war. 

If it takes place after the com- 
mencement of hostilities, the mili- 
tary operations in progress are 
not interrupted in the absence of 



PACIFIC SETTLEMENT OF INTERNATIONAL DISPUTES 45 



1899 1907 

less there be an agreement to the an agreement to the contrary, 
contrary. 

Article 8 Article 8 



The signatory Powers are 
agreed in recommending the ap- 
pHcation, when circumstances 
allow, of special mediation in the 
following form : 

In case of a serious difference 
endangering the peace, the States 
at variance choose respectively a 
Power, to whom they intrust the 
mission of entering into direct 
communication with the Power 
chosen on the other side, with the 
object of preventing the rupture 
of pacific relations. 

For the period of this mandate, 
the term of which, unless other- 
wise stipulated, can not exceed 
thirty days, the States in conflict 
cease from all direct communica- 
tion on the subject of the dispute, 
which is regarded as referred 
exclusively to the mediating 
Powers, who must use their best 
efforts to settle it. 

In case of a definite rupture of 
pacific relations, these Powers are 
charged with the joint task of 
taking advantage of any oppor- 
tunity to restore peace. 



are special 

mediation. 



The contracting Powers 
agreed in recommending the ap 
plication, when circumstances al- 
low, of special mediation in the 
following form : 

In case of a serious difference Choosing 

mediators. 

endangering peace, the States at 
variance choose respectively a 
Power, to which they intrust the 
mission of entering into direct 
communication with the Power 
chosen on the other side, with the 
object of preventing the rupture 
of pacific relations. 

For the period of this mandate, r)irect commu- 

■^ ' nication to cease 

the term of which, unless other- 
wise stipulated, can not exceed 
thirty days, the States in dispute 
cease from all direct communica- 
tion on the subject of the dispute, 
which is regarded as referred ex- 
clusively to the mediating Powers, 
which must use their best efforts 
to settle it. 

In case of a definite rupture of Efforts to 

. restore peace, 

pacific relations, these Powers are 
charged with the joint task of tak- 
ing advantage of any opportunity 
to restore peace. 



between States 
in dispute. 



Title III. — On International Part III. — International Com- international 

commissions 

Commissions of Inquiry missions of Inquiry °^ inquiry. 

Article 9 Article 9 

In differences of an interna- In disputes of an international investigations 

... of differences 

tional nature involving neither nature involving neither honor of opinion 

as to facts. 



46 



CONVENTIONS I OF 1899 AND 1907 



1899 
honor nor vital interests, and 
arising from a difference of opin- 
ion on points of fact, the signatory 
Powers recommend that the par- 
ties, who have not been able to 
come to an agreement by means 
of diplomacy, should as far as 
circumstances allow, institute an 
international commission of in- 
quiry, to facilitate a solution of 
these differences by elucidating 
the facts by means of an impartial 
and conscientious investigation. 



1907 
nor vital interests, and arising 
from a difference of opinion on 
points of fact, the contracting 
Powers deem it expedient and de- 
sirable that the parties who have 
not been able to come to an agree- 
ment by means of diplomacy, 
should, as far as circumstances 
allow, institute an international 
commission of inquiry, to facili- 
tate a solution of these disputes 
by elucidating the facts by means 
of an impartial and conscientious 
investigation. 



Special 
agreements. 



Extent of 

commission's 

jurisdiction. 



Meetings, etc. 



Article 10 

The international commissions 
of inquiry are constituted by 
special agreement between the 
parties in conflict. 

The convention for an inquiry 
defines the facts to be examined 
and the extent of the commis- 
sioners' powers. 

It settles the procedure. 

On the inquiry both sides must 
be heard.^ 

The form and the periods to be 
observed, if not stated in the 
inquiry convention, are decided 
by the commission itself. 



Article 10 

International commissions of 
inquiry are constituted by special 
agreement between the parties in 
dispute. 

The inquiry convention defines 
the facts to be examined ; it deter- 
mines the mode and time in which 
the commission is to be formed 
and the extent of the powers of 
the commissioners. 

It also determines, if there is 
need, where the commission is to 
sit, and whether it may remove to 
another place, the language the 
commission shall use and the lan- 
guages the use of zvhich shall be 
authorised before it, as well as the 
date on which each party must 
deposit its statement of facts, and, 
generally speaking, all the condi- 
tions upon which the parties have 
agreed. 



^This provision appears in Article 19 of the 1907 Convention, post, p. 49. 



PACIFIC SETTLEMENT OF INTERNATIONAL DISPUTES 47 



1899 



1907 
// the parties consider it ncces- Assessors. 
sary to appoint assessors, the 
convention of inquiry shall deter- 
mine the mode of their selection 
and the extent of their powers. 

Article 11 
// the inquiry convention has ^'^'i? °* . 

' . meeting, etc. 

not determined where the com- 
mission is to sit, it will sit at The 
Hague. 

The place of meeting, once 
fixed, can not he altered by the 
commission except with the assent 
of the parties. 

If the inquiry convention has 
not determined zvhat languages are 
to be employed, the question shall 
be decided by the commission. 



Article 11 

The international commissions 
of inquiry are formed, unless 
otherwise stipulated, in the man- 
ner fixed by Article 32 of the 
present convention. 



Article 12 

Unless an undertaking is made Formation, 
to the contrary, commissions of 
inquiry shall be formed in the 
manner determined by Articles 
45 and 5y of the present Conven- 
tion. 

Article 13 



vacancies. 



Should one of the commission- ^Icanfie 
ers or one of the assessors, should 
there be any, either die, or resign, 
or be unable for any reason zvhat- 
ever to discharge his functions, 
the same procedure is followed for 
filling the vacancy as was followed 
for appointing him. 



48 



CONVENTIONS I OF 1899 AND 1907 



1899 



Special agents. 



Counsel. 



1907 

Article 14 

The parties are entitled to ap- 
point special agents to attend the 
commission of inquiry, whose duty 
it is to represent them and to act 
as intermediaries between them 
and the commission. 

They are further authorized to 
engage counsel or advocates, ap- 
pointed by themselves, to state 
their case and uphold their inter- 
ests before the commission. 



Assistance of 
International 
Bureau. 



Registry. 



Functions. 



Article 15 

The International Bureau of 
the Permanent Court of Arbitra- 
tion acts as registry for the com- 
missions which sit at The Hague, 
and shall place its offices and staff 
at the disposal of the contracting 
Powers for the use of the commis- 
sion of inquiry. 

Article 16 

// the commission meets else- 
where than at The Hague, it ap- 
points a secretary general, whose 
office serves as registry. 

It is the function of the registry, 
under the control of the presi- 
dent, to make the necessary 
arrangements for the sittings of 
the commission, the preparation 
of the minutes, and, while the 
inquiry lasts, for the charge of 
the archives, which shall subse- 
quently be transferred to the In- 
ternational Bureau at The Hague. 



PACIFIC SETTLEMENT OF INTERNATIONAL DISPUTES 49 

1899 1907 

Article 17 

In order to facilitate the con- ^fp^fj,^^^^ 
stitution and working of commis- 
sions of inquiry, the contracting 
Powers recommend the following 
rules, which shall be applicable 
to the inquiry procedure in so far 
as the parties do not adopt other 
rules. 

Article 18 

The commission shall settle the Further details. 
details of the procedure not cov- 
ered by the special inquiry con- 
vention or the present Conven- 
tion, and shall arrange all the for- 
malities required for dealing with 
the evidence. 

Article 19 

On the inquiry both sides must Hearings, 
be heard.^ 

At the dates fixed, each party 
communicates to the commis- 
sion and to the other party the 
statements of facts, if any, and, 
in all cases, the instruments, pa- 
pers, and documents which it con- 
siders useful for ascertaining the 
truth, as zvell as the list of wit- 
nesses and experts whose evidence 
it wishes to be heard. 

Article 20 
The commission is entitled, change of 

meeting place. 

with the assent of the Powers, to 
move temporarily to any place 



iSee Article 10 of the 1899 Convention, ante, p. 46. 



50 



CONVENTIONS I OF 1899 AND 1907 



1899 



1907 

where it considers it may be useful 
to have recourse to this means 
of inquiry or to send one or more 
of its members. Permission must 
be obtained from the State on 
whose territory it is proposed to 
hold the inquiry. 



Presence at 

investigations. 



Article 21 

Every investigation, and every 
examination of a locality, must be 
made in the presence of the agents 
and counsel of the parties or after 
they have been duly summoned. 



Explanations, 
etc. 



Article 22 

The commission is entitled to 
ask from either party for such ex- 
planations and information as it 
considers necessary. 



Presenting 
evidence. 



Appearance 
of witnesses. 



Article 12 

The Powers in dispute engage 
to supply the international com- 
mission of inquiry, as fully as 
they may think possible, with all 
means and facilities necessary to 
enable it to be completely ac- 
quainted with and to accurately 
understand the facts in question. 



Article 23 

The parties undertake to sup- 
ply the commission of inquiry, as 
fully as they may think possible, 
with all means and facilities neces- 
sary to enable it to become com- 
pletely acquainted with, and to 
accurately understand, the facts 
in question. 

They undertake to make use of 
the means at their disposal, under 
their municipal law, to insure the 
appearance of the witnesses or ex- 
perts zvho are in their territory 
and have been summoned before 
the commission. 



PACIFIC SETTLEMENT OF INTERNATIONAL DISPUTES 51 

1899 1907 

// the witnesses or experts are Depositions. 
unable to appear before the com- 
mission, the parties will arrange 
for their evidence to be taken be- 
fore the qualified officials of their 
own country. 

Article 24 
For all notices to be served by Serving notice in 

-' other countries. 

the commission in the territory of 
a third contracting Power, the 
commission shall apply direct to 
the Government of the said Pow- 
er. The same rule applies in the 
case of steps being taken on the 
spot to procure evidence. 

The requests for this purpose 
are to be executed so far as the 
means at the disposal of the 
Power applied to under its munici- 
pal law allow. They can not 
be rejected unless the Power in 
question considers they are cal- 
culated to impair its sovereign 
rights or its safety. 

The commission will equally 
be always entitled to act through 
the Power on who've territory it 
sits. 

Article 25 
The witnesses and experts are Summoning 

' witnesses. 

summoned on the request of the 
parties or by the commission of 
its own motion, and, in every 
case, through the Government of 
the State in whose territory they 
are. 



52 



CONVENTIONS I OF 1899 AND 1907 



1899 



Hearings. 



1907 

The witnesses are heard in suc- 
cession and separately, in the 
presence of the agents and coun- 
sel, and in the order fixed by the 
commission. 



Examination 
of witnesses. 



Article 26 

The examination of ivitnesses 
is conducted by the president. 

The members of the commis- 
sion may however put to each 
witness questions which they 
consider likely to throw light on 
and complete his evidence, or get 
information on any point con- 
cerning the witness within the 
limits of what is necessary in 
order to get at the truth. 

The agents and counsel of the 
parties may not interrupt the wit- 
ness when he is making his state- 
ment, nor put any direct question 
to him, but they may ask the 
president to put such additional 
questions to the witness as they 
think expedient. 



Restriction 
on witnesses. 



Article 27 

The witness must give his evi- 
dence without being allowed to 
read any written draft. He may, 
however, be permitted by the 
president to consult notes or 
documents if the nature of the 
facts referred to necessitates their 
employment. 



PACIFIC SETTLEMENT OF INTERNATIONAL DISPUTES 53 

1899 1907 

Article 28 

A minute of the evidence of the i/anscnpt 

J J of evidance. 

witness is drawn up forthwith and 
read to the zvitness. The latter 
may make such alterations and 
additions as he thinks necessary, 
which will be recorded at the end 
of his statement. 

When the whole of his state- 
ment has been read to the witness, 
he is asked to sign it. 

Article 29 

The agents are authorized, in by^agents* 
the course of or at the close of 
the inquiry, to present in writing 
to the commission and to the 
other party such statements, 
requisitions, or summaries of the 
facts as they consider useful for 
ascertaining the truth. 

Article 30 
The commission considers its Decisions of 

commission. 

decisions in private and the pro- 
ceedings are secret. 

All questions are decided by a Majority 

^ -^ to decide. 

majority of the members of the 
commission. 

If a member declines to vote, ^edi'nfng^ 
the fact must be recorded in the *° ^°'^- 
w^inutes. 

Article 31 

The sittings of the commission no"'pubiic**^" 
are not public, nor the minutes 
and documents connected with 
the inquiry published except in 



54 



CONVENTIONS I OF 1899 AND 1907 



1899 



1907 

virtue of a decision of the com- 
mission taken with the consent of 
the parties. 



Termination 
of inquiry. 



Article 32 

After the parties have pre- 
sented all the explanations and 
evidence, and the witnesses have 
all been heard, the president de- 
clares the inquiry terminated, and 
the commission adjourns to de- 
liberate and to draw up its re- 
port. 



Report. 



Article 13 



Article 33 



The international commission The report is signed by all the 
of inquiry communicates its re- members of the commission, 
port to the conflicting Powers, // one of the members refuses 
signed by all the members of the to sign, the fact is mentioned; but 
commission. the validity of the report is not' 

affected. 



Reading 
of report. 



Article 34 

The report of the commission 
is read at a public sitting, the 
agents and counsel of the parties- 
being present or duly summoned. 

A copy of the report is given to 
each party. 



Effect 
of report. 



Article 14 



Article 35 



The report of the international The report of the commission 

commission of inquiry is limited is limited to a statement of facts,. 

to a statement of facts, and has and has in no way the character 

in no way the character of an of an award. It leaves to the 

arbitral award. It leaves the parties entire freedom as to the: 



PACIFIC SETTLEMENT OF INTERNATIONAL DISPUTES 55 

1899 1907 

conflicting Powers entire freedom etfect to be given to the state- 
as to the effect to be given to this ment. 
statement. 

Article 36 

Each party pays its own ex- Expenses. 
penses and an equal share of the 
expenses incurred by the commis- 
sion. 



Title IV. — On International 
Arbitration 



Part IV. — International 
Arbitration 



International 
arbitration. 



Chapter I. — On the System of Chapter I. 
Arbitration 



-The System of Arbi- System. 
tration 



Article 15 



Article 37 
International arbitration has for object. 



International arbitration has 
for its object the settlement of its object the settlement of dis- 
differences between States by putes between States by judges of 



judges of their own choice, and 
on the basis of respect for law. 



their own choice and on the basis 
of respect for law. 

Recourse to arbitration implies 
an engagement to submit in good 
faith to the award.^ 



Submission 
to award. 



Article 16^ 

In questions of a legal nature, 
and especially in the interpreta- 
tion or application of interna- 
tional conventions, arbitration is 
recognized by the signatory Pow- 
ers as the most effective, and at 
the same time the most equitable, 
means of settling disputes which 
diplomacy has failed to settle. 



Article 38^ 



Recognition 
by Powers. 



In questions of a legal nature, 
and especially in the interpreta- 
tion or application of interna- 
tional conventions, arbitration is 
recognized by the contracting 
Powers as the most effective, and, 
at the same time, the most equi- 
table means of settling disputes 
which diplomacy has failed to 
settle. 

Consequently, it would be de- ^^\°^^^^ 



iCf. Article 18 of the 1899 Convention, post, p. 56. 
2See the footnote on p. 56. 



56 



CONVENTIONS I OF 1899 AND 1907 



1899 



Questions to 
be considered. 



Article 17^ 

The arbitration convention is 
concluded for questions already 
existing or for questions which 
may arise eventually. 

It may embrace any dispute or 
only disputes of a certain cate- 
gory. 

Article 18 

The arbitration convention im- 
plies the engagement to submit 
loyally to the award. ^ 



1907 
sirable that, in disputes about the 
above-mentioned questions, the 
contracting Powers should, if the 
case arose, have recourse to arbi- 
tration, in so far as circumstances 
permit. 

Article SQ'- 

The arbitration convention is 
concluded for questions already 
existing or for questions which 
may arise eventually. 

It may embrace any dispute or 
only disputes of a certain cate- 
gory.2 



Extension of 

principle 

reserved. 



Article 19^ 

Independently of general or 
private treaties expressly stipu- 
lating recourse to arbitration as 
obligatory on the signatory Pow- 
ers, these Powers reserve to them- 
selves the right of concluding, 
either before the ratification of 
the present Act or later, new 
agreements, general or private, 
with a view to extending obliga- 
tory arbitration to all cases which 
they may consider it possible to 
submit to it. 



Article 40^ 

Independently of general or pri- 
vate treaties expressly stipulat- 
ing recourse to arbitration as obli- 
gatory on the contracting Powers, 
the said Powers reserve to them- 
selves the right of concluding new 
agreements, general or particu- 
lar, with a view to extending 
compulsory arbitration to all 
cases which they may consider it 
possible to submit to it. 



i.See the reservations of Roumania respecting Articles 16, 17 and 19 of the 1899 
Convention and the corresponding articles of the 1907 Convention, post, pp. 82, 86. 
^Chile also made a reservation respecting Article 39, post, p. 86. 
^Cf. Article 2>7, paragraph 2, of the 1907 Convention, ante, p. 55. 



PACIFIC SETTLEMENT OF INTERNATIONAL DISPUTES hi 



1899 
Chapter II. — On the Permanent 
Court of Arbitration 

Article 20 

With the object of faciUtating 
an immediate recourse to arbitra- 
tion for international differences, 
which it has not been possible to 
settle by diplomacy, the signa- 
tory Powers undertake to organ- 
ize a Permanent Court of Arbi- 
tration, accessible at all times 
and operating, unless otherwise 
stipulated by the parties, in ac- 
cordance with the rules of pro- 
cedure inserted in the present 
Convention. 



1907 

Chapter II. — The 

Court of Arbitration 

Article 41 



Permanent Permanent 
Court of 
Arbitration. 



With the object of facilitating J^STo"" 
an immediate recourse to arbitra- 
tion for international differences, 
which it has not been possible to 
settle by diplomacy, the contract- 
ing Powers undertake to main- 
tain the Permanent Court of Ar- 
bitration, as established by the 
First Peace Conference, accessible 
at all times, and operating, unless 
otherwise stipulated by the par- 
ties, in accordance with the rules 
of procedure inserted in the pres- 
ent Convention. 



Article 21 



Article 42 



The Permanent Court shall be The Permanent Court is compe- Authority, 
competent for all arbitration tent for all arbitration cases, un- 
cases, unless the parties agree to less the parties agree to institute 
institute a special tribunal. a special tribunal. 



Article 22 



An International Bureau, estab- 
lished at The Hague, serves as 
record office for the Court. 

This Bureau is the channel for 
communications relative to the 



meetings ( 


of the Court. 






It has 


the 


custodv 


of 


the 


archives 


and 


conducts 


all 


the 



Article 43 

The Permanent Court sits at Location. 
The Hague.^ 

An International Bureau serves international 

Bureau. 

as registry for the Court. It is Purpose, etc. 
the channel for communications 
relative to the meetings of the 
Court; it has charge of the ar- 
chives and conducts all the ad- 
ministrative business. 



administrative business. 



^Cf. Article 25, paragraph 1, of the 1899 Convention, post, p. 61. 



58 



CONVENTIONS I OF 1899 AND 1907 



Awards of 

special 

tribunals. 



Execution 
of awards. 



1899 

The signatory Powers under- 
take to communicate to the Inter- 
national Bureau at The Hague a 
duly certified copy of any con- 
ditions of arbitration arrived at 
between them, and of any award 
concerning them delivered by 
special tribunals. 

They undertake also to commu- 
nicate to the Bureau the laws, 
regulations, and documents 
eventually showing the execution 
of the awards given by the Court. 



1907 

The contracting Powers under- 
take to communicate to the Bu- 
reau, as soon as possible, a certi- 
fied copy of any conditions of ar- 
bitration arrived at between them 
and of any award concerning 
them delivered by a special tri- 
bunal. 

They likewise undertake to 
communicate to the Bureau the 
laws, regulations, and documents 
eventually showing the execution 
of the awards given by the Court. 



Selection 

of arbitrators. 



List of members. 



Changes. 



Selection 
in common. 



Article 23 

Within the three months fol- 
lowing its ratification of the pres- 
ent Act, each signatory Power 
shall select four persons at the 
most, of known competency in 
questions of international law, 
of the highest moral reputation, 
and disposed to accept the duties 
of arbitrators. 

The persons thus selected shall 
be inscribed, as members of the 
Court, in a list which shall be 
notified by the Bureau to all the 
signatory Powers. 

Any alteration in the list of 
arbitrators is brought by the 
Bureau to the knowledge of the 
signatory Powers. 

Two or more Powers may agree 
on the selection in common of one 
or more members. 

The same person can be selected 
by different Powers. 



Article 44 

Each contracting Power selects 
four persons at the most, of 
known competency in questions 
of international law, of the high- 
est moral reputation, and dis- 
posed to accept the duties of ar- 
bitrator. 



The persons thus selected are 
inscribed, as members of the 
Court, in a list which shall be no- 
tified to all the contracting Pow- 
ers by the Bureau. 

Any alteration in the list of 
arbitrators is brought by the 
Bureau to the knowledge of the 
contracting Powers. 

Two or more Powers may agree 
on the selection in common of one 
or more members. 

The same person can be se- 
lected by different Powers. 



PACIFIC SETTLEMENT OF INTERNATIONAL DISPUTES 59 



1899 

The members of the Court are 
appointed for a term of six years. 
Their appointments can be re- 
newed. 

In case of the death or retire- 
ment of a member of the Court, 
his place shall be filled in accord- 
ance with the method of his 
appointment. 



Article 24 

When the signatory Powers de- 
sire to have recourse to the Per- 
manent Court for the settlement 
of a difference that has arisen be- 
tween them, the arbitrators called 
upon to form the competent 
tribunal to decide this difference 
must be chosen from the general 
list of members of the Court. 

Failing the direct agreement of 
the parties on the composition of 
the arbitration tribunal, the fol- 
lowing course shall be pursued : 

Each party appoints two arbi- 
trators, and these together choose 
an umpire. 



If the votes are equal, the choice 
of the umpire is intrusted to a 
third Power, selected by the par- 
ties by common accord. 



1907 
The members of the Court are Term of 

service. 

appointed for a term of six years. 
These appointments are renew- 
able. 

Should a member of the Court vacancies. 
die or resign, the same procedure 
is followed for filling the vacancy 
as was followed for appointing 
him. In this case the appoint- 
ment is made for a fresh period of 
six years. 

Article 45 

When the contracting Powers Powers to 

^ choose tribunal. 

wish to have recourse to the Per- 
manent Court for the settlement 
of a difference which has arisen 
between them, the arbitrators 
called upon to form the tribunal 
with jurisdiction to decide this 
difference must be chosen from 
the general list of members of the 
Court. 

Failing the direct agreement ^^e^t""^ 
of the parties on the composition agreement. 
of the arbitration tribunal, the 
following course shall be pur- 
sued: 

Each party appoints two ar- Appointment 

^ -^ ^ '^ of separate 

bitrators, of zvhom one only can arbitrators. 
be its national or chosen from 
among the persons selected by it 
as members of the Permanent 
Court. These arbitrators together 
choose an umpire. 

If the votes are equally divided, Umpire. 
the choice of the umpire is in- 
trusted to a third Power, selected 
by the narties by common accord. 



60 



CONVENTIONS I OF 1899 AND 1907 



Selection by 
other Powers. 



Determination 
of umpire 
in case of 
disagreement. 



1899 1907 

If an agreement is not arrived If an agreement is not arrived 

at on this subject, each party se- at on this subject each party 
lects a different Power, and the selects a different Power, and the 
choice of the umpire is made in choice of the umpire is made in 
concert by the Powers thus concert by the Powers thus se- 
selected. lected. 

If, within two months' time, 
these two Powers can not come 
to an agreement, each of them 
presents tzvo candidates taken 
from the list of members of the 
Permanent Court, exclusive of 
the members selected by the par- 
ties and not being nationals of 
either of them. Drawing lots 
determines which of the candi- 
dates thus presented shall be 
umpire. 

Article 46 



Notification 
to Bureau. 



Notification 
to arbitrators. 



Meeting of 
tribunal. 



Diplomatic 
privileges. 



The tribunal being thus com- 
posed, the parties notify to the 
Bureau their determination to 
have recourse to the Court and 
the names of the arbitrators. 



The tribunal of arbitration as- 
sembles on the date fixed by the 
parties. 

The members of the Court, in 
the discharge of their duties and 
out of their own country, enjoy 
diplomatic privileges and immu- 
nities. 



The tribunal being thus com- 
posed, the parties notify to the 
Bureau their determination to 
have recourse to the Court, the 
text of their compromis, and the 
names of the arbitrators. 

The Bureau communicates with- 
out delay to each arbitrator the 
compromis, and the names of the 
other members of the tribunal. 

The tribunal assembles at the 
date fixed by the parties. The 
Bureau makes the necessary ar- 
rangements for the meeting. 

The members of the tribunal, 
in the exercise of their duties and 
out of their own country, enjoy 
diplomatic privileges and immu- 
nities. 



PACIFIC SETTLEMENT OF INTERNATIONAL DISPUTES 61 



1899 
Article 25 

The tribunal of arbitration has 
its ordinary seat at The Hague.^ 

Except in cases of necessity, 
the place of session can only be 
altered by the tribunal with the 
assent of the parties. 

Article 26 

The International Bureau at 
The Hague is authorized to place 
its premises and its staff at the 
disposal of the signatory Powers 
for the operations of any special 
board of arbitration. 

The jurisdiction of the Perma- 
nent Court, may, within the con- 
ditions laid down in the regula- 
tions, be extended to disputes 
between non-signatory Powers, 
or between signatory Powers and 
non-signatory Powers, if the par- 
ties are agreed on recourse to 
this tribunal. 



1907 



Article 47 
The Bureau is authorized to Use of Bureau 

for special 

place its offices and staff at the boards. 
disposal of the contracting Pow- 
ers for the use of any special 
board of arbitration. 



The jurisdiction of the Perma- 
nent Court may, within the con- 
ditions laid down in the regula- 
tions, be extended to disputes 
between non-contracting Powers 
or between contracting Powers 
and non-contracting Powers, if 
the parties are agreed on recourse 
to this tribunal. 



Extension to 
non-contract- 
ing Powers. 



Article 27 

The signatory Powers consider 
it their duty, if a serious dispute 
threatens to break out between 
two or more of them, to remind 
these latter that the Permanent 
Court is open to them. 

Consequently, they declare that 
the fact of reminding the con- 
flicting parties of the provisions 
of the present Convention, and 



Article 48^ 
The contracting Powers con- Notifying 

^ _ disputants. 

sider it their duty, if a serious 
dispute threatens to break out 
between two or more of them, to 
remind these latter that the Per- 
manent Court is open to them. 

Consequently, they declare that Regarded a? a 

^ . . . friendly act. 

the fact of reminding the parties 
at variance of the provisions of 
the present Convention, and the 



^Cf. Article 43, paragraph 1, of the 1907 Convention, ante, p. 57. 
2See the reservation of the United States on the subject of this article, post, 
p. 87. 



62 



CONVENTIONS I OF 1899 AND 1907 



Offer for 
arbitration. 



Notice to 
other Power. 



1899 1907 

the advice given to them, in the advice given to them, in the high- 
highest interests of peace, to est interests of peace, to have re- 
have recourse to the Permanent course to the Permanent Court, 
Court, can only be regarded as can only be regarded as friendly 
friendly actions, actions. 

In case of dispute between two 
Powers, one of them can always 
address to the International Bu- 
reau a note containing a declara- 
tion that it would be ready to sub- 
mit the dispute to arbitration. 

The Bureau must at once in- 
form the other Power of the dec- 
laration. 



Administrative 
Council. 



Functions. 



Article 28 

A Permanent Administrative 
Council, composed of the diplo- 
matic representatives of the sig- 
natory Powers accredited to The 
Hague and of the Netherland 
Minister for Foreign Affairs, who 
will act as president, shall be 
instituted in this town as soon as 
possible after the ratification of 
the present Act by at least nine 
Powers. 

This Council will be charged 
with the establishment and organ- 
ization of the International Bu- 
reau, which will be under its di- 
rection and control. 

It will notify to the Powers the 
constitution of the Court and 
will provide for its installation. 

It will settle its rules of pro- 
cedure and all other necessary 
regulations. 



Article 49 

The Permanent Administrative 
Council, composed of the diplo- 
matic representatives of the con- 
tracting Powers accredited to The 
Hague and of the Netherland 
Minister for Foreign Affairs, who 
will act as president, is charged 
with the direction and control of 
the International Bureau. 



The Council settles its rules of 
procedure and all other necessary 
regulations. 



PACIFIC SETTLEMENT OF INTERNATIONAL DISPUTES 63 



1899 

It will decide all questions of 
administration which may arise 
with regard to the operations of 
the Court. 

It will have entire control over 
the appointment, suspension or 
dismissal of the officials and em- 
ployes of the Bureau. 

It will fix the payments and 
salaries, and control the general 
expenditure. 

At meetings duly summoned 
the presence of five members is 
sufficient to render valid the dis- 
cussions of the Council. The 
decisions are taken by a majority 
of votes. 

The Council communicates to 
the signatory Powers without 
delay the regulations adopted 
by it. It furnishes them with an 
annual report on the labors of 
the Court, the working of the 
administration, and the expenses. 



Article 29 

The expenses of the Bureau 
shall be borne by the signatory 
Powers in the proportion fixed 
for the International Bureau of 
the Universal Postal Union. 



1907 

It decides all questions of ad- 
ministration which may arise with 
regard to the operations of the 
Court. 

It has entire control over the 
appointment, suspension, or dis- 
missal of the officials and em- 
ployes of the Bureau. 

It fixes the payments and sala- 
ries, and controls the general ex- 
penditure. 

At meetings duly summoned Quorum, etc. 
the presence of nine members is 
sufficient to render valid the dis- 
cussions of the Council. The de- 
cisions are taken by a majority of 
votes. 

The Council communicates to Regulations, 
the contracting Powers without 
delay the regulations adopted by 
it. It furnishes them with an an- 
nual report on the labors of the Annual report. 
Court, the working of the admin- 
istration, and the expenditure. 
The report likewise contains a 
resume of ivhat is important in 
the documents communicated to 
the Bureau by the Pozvers in vir- 
tue of Article 4^, paragraphs j 
and 4. 

Article 50 

The expenses of the Bureau Expenses, 
shall be borne by the contracting 
Powers in the proportion fixed for 
the International Bureau of the 
Universal Postal Union. 

The expenses to be charged to 
the adhering Powers shall be reck- 



64 



CONVENTIONS I OF 1899 AND 1907 



1899 



Procedure. 



General rules. 



Compromis. 
Contents. 



Further 
conditions. 



Chapter III. — On Arbitral Pro- 
cedure 

Article 30 

With a view to encourage the 
development of arbitration, the 
signatory Powers have agreed on 
the following rules which shall 
be applicable to arbitral proce- 
dure, unless other rules have been 
agreed on by the parties. 

Article 31 

The Powers who have recourse 
to arbitration sign a special act 
(compromis), in which the sub- 
ject of the difference is clearly 
defined, as well as the extent of 
the arbitrators' powers. This act 
implies the undertaking of the 
parties to submit loyally to the 
award.^ 



1907 

oned from the date on which their 
adhesion comes into force. 

Chapter III. — Arbitration 
Procedure 

Article 51 

With a view to encouraging the 
development of arbitration, the 
contracting Powers have agreed 
on the following rules, which are 
applicable to arbitration proce- 
dure, unless other rules have been 
agreed on by the parties. 

Article 52 

The Powers which have re- 
course to arbitration sign a com- 
promis, in which the subject of 
the dispute is clearly defined, the 
time alloived for appointing arbi- 
trators, the form, order, and time 
in zvhich the communication re- 
ferred to in Article dj must be 
made, and the amount of the sum 
which each party must deposit in 
advance to defray the expenses. 

The compromis likczvise de- 
fines, if there is occasion, the man- 
ner of appointing arbitrators, any 
special powers which may eventu- 
ally belong to the tribunal, where 
it shall meet, the language it shall 
use, and the languages the em- 
ployment of which shall be author- 
ised before it, and, generally 
speaking, all the conditions on 
which the parties are agreed. 



^Cf. Article 37, paragraph 2, of the 1907 Convention, ante, p. 55. 



PACIFIC SETTLEMENT OF INTERNATIONAL DISPUTES 65 



1899 



1907 
Article 53^ 

The Permanent Court is compe- 
tent to settle the compromis, if 
the parties are agreed to have re- 
course to it for the purpose. 

It is similarly competent, even 
if the request is only made by one 
of the parties, when all attempts 
to reach an understanding through 
the diplomatic channel have 
failed, in the case of — 

1. A dispute covered by a gen- 
eral treaty of arbitration con- 
cluded or renewed after the pres- 
ent Convention has come into 
force, and providing for a com- 
promis in all disputes and not 
either explicitly or implicitly ex- 
cluding the settlement of the 
compromis from the competence 
of the Court. Recourse can not, 
however, be had to the Court if 
the other party declares that in its 
opinion the dispute does not be- 
long to the category of disputes 
which can be submitted to compul- 
sory arbitration, unless the treaty 
of arbitration confers upon the ar- 
bitration tribunal the power of de- 
ciding this preliminary question. 

2. A dispute arising from con- 
tract debts claimed from one 
Power by another Power as due to 
its nationals, and for the settle- 
ment of which the offer of arbitra- 
tion has been accepted. This 
arrangement is not applicable if 
acceptance is subject to the condi- 



Settlement by 

Permanent 

Court. 



Requests by 
one Power. 



Disputes ander 

arbitration 

treaties. 



Exception. 



Contract debts. 



"■See the reservations of this article, post, p. 85, et seq. 



66 



CONVENTIONS I OF 1899 AND 1907 



1899 



1907 

Hon that the compromis should 
he settled in some other way} 



Selection o£ 
commission. 



Selection of 
arbitrators. 



Disagreements. 



Article 32 

The duties of arbitrator may 
be conferred on one arbitrator 
alone or on several arbitrators 
selected by the parties as they 
please, or chosen by them from 
the members of the Permanent 
Court of Arbitration estabUshed 
by the present Act. 

Failing the constitution of the 
tribunal by direct agreement be- 
tween the parties, the following 
course shall be pursued : 

Each party appoints two arbi- 
trators, and these latter together 
choose an umpire. 

In case of equal voting, the 
choice of the umpire is intrusted 
to a third Power, selected by the 
parties by common accord. 

If no agreement is arrived at 
on this subject, each party selects 
a different Power, and the choice 
of the umpire is made in concert 
by the Powers thus selected. 



Article 54^ 

In the cases contemplated in 
the preceding article, the com- 
promis shall be settled by a com- 
mission consisting of five mem- 
bers selected in the manner ar- 
ranged for in Article 45, para- 
graphs 5 to 6. 

The fifth member is president 
of the commission ex officio. 

Article 55 

The duties of arbitrator may be 
conferred on one arbitrator alone 
or on several arbitrators selected 
by the parties as they please, or 
chosen by them from the mem- 
bers of the Permanent Court of 
Arbitration established by the 
present Convention. 

Failing the constitution of the 
tribunal by direct agreement be- 
tween the parties, the course re- 
ferred to in Article 45, paragraphs 
5 to 6, is followed. 



iSee the reservation of the Dominican Republic to Convention II, post, p. 93. 
2Japan made reservation of Article 54. 



PACIFIC SETTLEMENT OF INTERNATIONAL DISPUTES 67 



1899 

Article 3S 



1907 

Article 56 



When a sovereign or the chief When a sovereign or the chief sVv'^Jref n "et7 * 
of a State is chosen as arbitra- of a State is chosen as arbitrator, 
tor, the arbitral procedure is set- the arbitration procedure is set- 
tled by him, tied by him. 



Article 34 

The umpire is by right presi- 
dent of the tribunal. 

When the tribunal does not 
include an umpire, it appoints 
its own president. 



nt 
nal 



Article 35 

In case of the death, retire- 
ment, or disability from any cause 
of one of the arbitrators, his 
place shall be filled in accordance 
with the method of his appoint- 
ment. 

Article 36 

The tribunal's place of session 
is selected by the parties. Fail- 
ing this selection the tribunal 
sits at The Hague. 



Article 57 

The umpire is president of the Preside 
tribunal ex officio. 

When the tribunal does not in- 
clude an umpire, it appoints its 
own president. 



Article 58 

When the COmpromis is set- Tribunal formed 
' by commission. 

tied by a commission, as contem- 
plated in Article 54, and in the ab- 
sence of an agreement to the con- 
trary, the commission itself shall 
form the arbitration tribunal. 

Article 59 

Should one of the arbitrators Vacancies, 
either die, retire, or be unable for 
any reason whatever to discharge 
his functions, the same procedure 
is followed for filling the vacancy 
as was followed for appointing 
him. 

Article 60 

The tribunal sits at The Hague, Sessions. 
unless some other place is se- 
lected by the parties. 

The tribunal can only sit in the 
territory of a third Power with 
the latter's consent. 



68 



CONVENTIONS I OF 1899 AND 1907 



Selection 
of language. 



1899 1907 

The place thus fixed can not, The place of meeting once fixed 

except in case of necessity, be can not be altered by the tribunal, 
changed by the tribunal without except with the consent of the 
the assent of the parties. parties. 

Article 61 

// the question as to what lan- 
guages are to be used has not 
been settled by the compromis, it 
shall be decided by the tribunal.^ 



Agents. 



Counsel. 



Restriction on 
members of 
Permanent 
Court. 



Article 37 

The parties have the right to 
appoint delegates or special agents 
to attend the tribunal, for the pur- 
pose of serving as intermediaries 
between them and the tribunal. 

They are further authorized to 
retain, for the defense of their 
rights and interests before the 
tribunal, counsel or advocates ap- 
pointed by them for this purpose. 



Article 62 

The parties are entitled to ap- 
point special agents to attend the 
tribunal to act as intermediaries 
between themselves and the tri- 
bunal. 

They are further authorized to 
retain for the defence of their 
rights and interests before the 
tribunal counsel or advocates 
appointed by themselves for this 
purpose. 

The members of the Permanent 
Court may not act as agents, 
counsel, or advocates except on 
behalf of the Power which ap- 
pointed them members of the 
Court. 



Article 38 

The tribunal decides on the 
choice of languages to be used 
by itself, and to be authorized 
for use before it.^ 



iCf. Article 38 of the 1899 Convention, infra. 
2Cf. Article 61 of the 1907 Convention, supra. 



PACIFIC SETTLEMENT OF INTERNATIONAL DISPUTES 69 



1899 
Article 39 

As a general rule the arbitral 
procedure comprises two distinct 
phases : preliminary examination 
and discussion. 

Preliminary examination con- 
sists in the communication by the 
respective agents to the members 
of the tribunal and to the oppo- 
site party of all printed or written 
acts and of all documents contain- 
ing the arguments invoked in the 
case. This communication shall 
be made in the form and within 
the periods fixed by the tribunal 
in accordance with Article 49. 



Discussion consists in the oral 
development before the tribunal 
of the arguments of the parties. 



Article 40. 



1907 
Article 63 

As a general rule, arbitration Procedure, 
procedure comprises two distinct 
phases : pleadings and oral dis- 
cussions. 

The pleadings consist in the Pieadi^es. 
communication by the respective 
agents to the members of the tri- 
bunal and the opposite party of 
cases, counter-cases, and, if nec- 
essary, of replies; the parties an- 
nex thereto all papers and docu- 
ments called for in the case. This 
communication shall be made 
either directly or through the in- 
termediary of the International 
Bureau, in the order and within 
the time fixed by the com- 
promis. 

The time fixed by the com- ^^^^^1°^^ 
promis may be extended by mutual 
agreement by the parties, or by 
the tribunal when the latter con- 
siders it necessary for the purpose 
of reaching a just decision. 

The discussions consist in the ^""^ • 

discussions. 

oral development before the tri- 
bunal of the arguments of the 
parties. 

Article 64 



Every document produced by A certified copy of every docu- ^^^^^^^°^ 
one party must be conmiunicated ment produced by one party must 
to the other party. be communicated to the other 

party. 



70 



CONVENTIONS I OF 1899 AND 1907 



1899 



Meeting of 
tribunal. 



Discussions. 



Public. 



Record. 



Article 41 

The discussions are under the 
direction of the president. 

They are only pubhc if it be so 
decided by the tribunal, with the 
assent of the parties. 

They are recorded in the proces- 
verbaux drawn up by the secre- 
taries appointed by the president. 
These proces-verbaux alone have 
an authentic character. 



1907 

Article 65 

Unless special circumstances 
arise, the tribunal does not meet 
until the pleadings are closed. 

Article 66 

The discussions are under the 
control of the president. 

They are only public if it be so 
decided by the tribunal, with the 
assent of the parties. 

They are recorded in minutes 
drawn up by the secretaries ap- 
pointed by the president. These 
minutes are signed by the presi- 
dent and by one of the secretaries 
and alone have an authentic 
character. 



Limiting 

discussions. 



Article 42 

When the preliminary exami- 
nation is concluded, the tribunal 
has the right to refuse discussion 
of all fresh acts or documents 
which one party may desire to 
submit to it without the consent 
of the other party. 



Article 67 

After the close of the pleadings, 
the tribunal is entitled to refuse 
discussion of all new papers or 
documents which one of the par- 
ties may wish to submit to it 
without the consent of the other 
party. 



Admission of 
new evidence. 



Article 43 

The tribunal is free to take 
into consideration fresh acts or 
documents to which its attention 
may be drawn by the agents or 
counsel of the parties. 

In this case, the tribunal has 
the right to require the produc- 
tion of these acts or documents, 



Article 68 

The tribunal is free to take into 
consideration new papers or docu- 
ments to which its attention may 
be drawn by the agents or counsel 
of the parties. 

In this case, the tribunal has 
the right to require the production 
of these papers or documents, but 



PACIFIC SETTLEMENT OF INTERNATIONAL DISPUTES 71 



1899 

but is obliged to make them 
known to the opposite party. 

Article 44 

The tribunal can, besides, re- 
quire from the agents of the par- 
ties the production of all acts, 
and can demand all necessary- 
explanations. In case of refusal, 
the tribunal takes note of it. 



1907 
is obliged to make them known to 
the opposite party. 

Article 69 

The tribunal can, besides, re- 
quire from the agents of the par- 
ties the production of all papers, 
and can demand all necessary 
explanations. In case of refusal 
the tribunal takes note of it. 



Production 
of all papers. 



Article 45 



Article 70 



The agents and counsel of the The agents and the counsel of ^''^^ arguments. 

parties are authorized to present the parties are authorized to pre- 

orally to the tribunal all the ar- sent orally to the tribunal all the 

guments they may think expedi- arguments they may consider 

ent in defense of their case. expedient in defense of their case. 



Article 46 



Article 71 



They have the right to raise They are entitled to raise ob- 

objections and points. The de- jections and points. The decisions 

cisions of the tribunal on those of the tribunal on these points are 

points are final, and can not form final and can not form the subject 

the subject of any subsequent of any subsequent discussion, 
discussion. 



Decisions final. 



Article 47 

The members of the tribunal 
have the right to put questions to 
the agents and counsel of the par- 
ties, and to demand explanations 
from them on doubtful points. 

Neither the questions put nor 
the remarks made by members of 
the tribunal during the discus- 
sions can be regarded as an ex- 
pression of opinion by the tri- 



Article 72 

The members of the tribunal 
are entitled to put questions to 
the agents and counsel of the par- 
ties, and to ask them for explana- 
tions on doubtful points. 

Neither the questions put, nor 
the remarks made by members of 
the tribunal in the course of the 
discussions, can be regarded as 
an expression of opinion by the 



Questions 
by arbitrators. 



72 



CONVENTIONS I OF 1899 AND 1907 



1899 1907 

bunal in general, or by its mem- tribunal in general or by its mem- 
bers in particular. bers in particular. 



Competence 
of tribunal. 



Special rules. 



Article 48 

The tribunal is authorized to 
declare its competence in inter- 
preting the compromis as well as 
the other treaties which may be 
invoked in the case, and in apply- 
ing the principles of international 
law. 

Article 49 

The tribunal has the right to 
issue rules of procedure for the 
conduct of the case, to decide the 
forms and periods within which 
each party must conclude its ar- 
guments, and to arrange all the 
formalities required for dealing 
with the evidence. 



Article 7Z 

The tribunal is authorized to 
declare its competence in inter- 
preting the compromis, as well as 
the other papers and documents 
which may be invoked, and in ap- 
plying the principles of law. 

Article 74 

The tribunal is entitled to issue 
rules of procedure for the conduct 
of the case, to decide the forms, 
order, and time in which each 
party must conclude its argu- 
ments, and to arrange all the for- 
malities required for dealing with 
the evidence. 



Information to 
be furnished. 



Article 75 

The parties undertake to sup- 
ply the tribunal, as fully as they 
consider possible, zvith all the in- 
formation required for deciding 
the case. 



Serving notice in 
other countries. 



Article 76 

For all notices which the tri- 
bunal has to serve in the territory 
of a third contracting Power, the 
tribunal shall apply direct to the 
Government of that Power. The 
same rule applies in the case of 
steps being taken to procure evp- 
dence on the spot. 



PACIFIC SETTLEMENT OF INTERNATIONAL DISPUTES 73 



1899 



1907 

The requests for this purpose Executing 

■' •' ' '^ requests. 

are to be executed as far as the 
means at the disposal of the 
Power applied to under its munic- 
ipal law allozv. They can not be 
rejected unless the Power in ques- 
tion considers them calculated to 
impair its own sovereign rights or 
its safety. 

The Court will equally be 
always entitled to act through the 
Power on whose territory it sits. 



Article 50 

When the agents and counsel 
of the parties have submitted all 
explanations and evidence in 
support of their case, the presi- 
dent pronounces the discussion 
closed. 

Article 51 

The deliberations of the tribu- 
nal take place in private. Every 
decision is taken by a majority 
of members of the tribunal. 



The refusal of a member to 
vote must be recorded in the 
proces-verbal. 



Article 77 

When the agents and counsel of 
the parties have submitted all the 
explanations and evidence in sup- 
port of their case the president 
shall declare the discussion closed. 

Article 78 

The tribunal considers its de- 
cisions in private and the proceed- 
ings remain secret. 

All questions are decided by a 
majority of the members of the 
tribunal. 



Close of 
discussions. 



Deliberations 
private. 



Majority 
to decide. 



Article 52 



Article 79 
The award must give the rea- ffSd! 



The award, given by a major- 
ity of votes, is accompanied by a sons on which it is based. It con- 
statement of reasons. It is drawn tains the names of the arbitra- 
up in writing and signed by each tors; it is signed by the president 
member of the tribunal. and registrar or by the secretary 

Those members who are in the acting as registrar. 



74 



CONVENTIONS I OF 1899 AND 1907 



1899 
minority may record their dissent 
when signing. 



1907 



Announcement. 



Article 53 



Article 80 



The award is read out at a pub- The award is read out in pub- 
lic meeting of the tribunal, the lie sitting, the agents and counsel 
agents and counsel of the parties of the parties being present or 
being present, or duly summoned duly summoned to attend, 
to attend. 



Article 54 



Finality. 



Disputes as to 
interpretation. 



Article 81 



The award, duly pronounced The award, duly pronounced 
and notified to the agents of the and notified to the agents of the 
parties at variance, puts an end to parties, settles the dispute defin- 
the dispute definitively and with- itively and without appeal, 
out appeal. 

Article 82 

Any dispute arising between the 
parties as to the interpretation and 
execution of the award shall, in 
the absence of an agreement to the 
contrary, be submitted to the tri- 
bunal which pronounced it. 



Right of 
revision. 



Grounds 
for demand. 



Article 55 

The parties can reserve in the 
compromis the right to demand 
the revision of the award. 

In this case, and unless there 
be an agreement to the con- 
trary', the demand must be ad- 
dressed to the tribunal which 
pronounced the award. It can 
only be made on the ground of 
the discovery of some new fact 
calculated to exercise a decisive 
influence on the award, and 



Article 83 

The parties can reserve in the 
compromis the right to demand 
the revision of the award. 

In this case and unless there be 
an agreement to the contrary, the 
demand must be addressed to the 
tribunal which pronounced the 
award. It can only be made on the 
ground of the discovery of some 
new fact calculated to exercise a 
decisive influence upon the award 
and which was unknown to the tri- 



PACIFIC SETTLEMENT OF INTERNATIONAL DISPUTES 75 



1899 
which, at the time the discussion 
was closed, was unknown to the 
tribunal and to the party de- 
manding the revision. 

Proceedings for revision can 
only be instituted by a decision 
of the tribunal expressly record- 
ing the existence of the new fact, 
recognizing in it the character 
described in the foregoing para- 
graph, and declaring the demand 
admissible on this ground. 

The compromis fixes the period 
within which the demand for re- 
vision must be made. 



1907 
bunal and to the party which de- 
manded the revision at the time 
the discussion was closed. 

Proceedings for revision can Proceedings, 
only be instituted by a decision 
of the tribunal expressly record- 
ing the existence of the new fact, 
recognizing in it the character 
described in the preceding para- 
graph, and declaring the demand 
admissible on this ground. 

The compromis fixes the period 
within which the demand for re- 
vision must be made. 



Limitation. 



Article 56 

The award is only binding on 
the parties who concluded the 
compromis. 

When there is a question of in- 
terpreting a Convention to which 
Powers other than those con- 
cerned in the dispute are parties, 
the latter notify to the former the 
compromis they have concluded. 
Each of these Powers has the 
right to intervene in the case. If 
one or more of them avail them- 
selves of this right, the interpreta- 
tion contained in the award is 
equally binding on them. 



Article 84 

The award is not binding ex- Parties bound, 
cept on the parties in dispute. 



When it concerns the interpre- 
tation of a Convention to which 
Powers other than those in dis- 
pute are parties, they shall inform 
all the signatory Powers in good 
time. Each of these Powers is 
entitled to intervene in the case. 
If one or more avail themselves 
of this right, the interpretation 
contained in the award is equally 
binding on them. 



Right of other 
Powers to 
intervene. 



Article 57 

Each party pays its own ex- 
penses and an equal share of 
those of the tribunal. 



Article 85 

Each party pays its own ex- Expenses, 
penses and an equal share of the 
expenses of the tribunal. 



1(i 



CONVENTIONS I OF 1899 AND 1907 



1899 



Summary 
arbitration. 



Rules for sum- 
mary procedure. 



1907 

Chapter IV. — Arbitration by 
Summary Procedure 

Article 86 

With a view to facilitating the 
working of the system of arbitra- 
tion in disputes admitting of a 
summary procedure, the contract- 
ing Powers adopt the following 
rules, zvhich shall be observed in 
the absence of other arrangements 
and subject to the reservation that 
the provisions of Chapter III ap- 
ply so far as may be. 



Arbitrators 
and umpire. 



Article 87 

Each of the parties in dispute 
appoints ait arbitrator. The two 
arbitrators thus selected choose an 
umpire. If they do not agree on 
this point, each of them proposes 
two candidates taken from the 
general list of the members of the 
Permanent Court exclusive of the 
members appointed by either of 
the parties and not being nationals 
of either of them; which of the 
candidates thus proposed shall be 
the umpire is determined by lot. 

The umpire presides over the 
tribunal, which gives its decisions 
by a majority of votes. 



Submission 
of cases. 



Article 88 

In the absence of any previous 
agreement the tribunal, as soon as 
it is formed, settles the time with- 



PACIFIC SETTLEMENT OF INTERNATIONAL DISPUTES 



77 



1899 



1907 
in ivhich the two parties must sub- 
mit their respective cases to it. 



Article 89 

Each party is represented before Agents. 
the tribunal by an agent, who 
serves as intermediary between 
the tribunal and the Govern- 
ment who appointed him. 

Article 90 
The proceedings are conducted Proceedings to 

. _ _ be in writing. 

exclusively in writing. Each party, 
however, is entitled to ask that 
witnesses and experts should be 
called. The tribunal has, for its 
part, the right to demand oral ^^ai 

" explanations. 

explanations from the agents of 
the two parties, as well as from, 
the experts and witnesses whose 
appearance in Court it may con- 
sider useful. 



General Provisions 



Part V. — Final Provisions f»"3} . 

provisions. 

Article 91 
The present Convention, duly Former Conven- 

' -^ tion replaced. 

ratified, shall replace, as between 
the contracting Powers, the Con- 
vention for the pacific settlement 
of international disputes of the 
2Qth July, iSpp. 



Article 58 



Article 92 



The present Convention shall The present Convention shall Ratification. 
be ratified as speedily as possible, be ratified as soon as possible. 

The ratifications shall be de- The ratifications shall be de- Deposit at 

The Hague. 

posited at The Hague. posited at The Hague. 



7% 



CONVENTIONS I OF 1899 AND 1907 



Certified copies 
to Powers, 



1899 

A proces-verbal shall be drawn 
up recording the receipt of each 
ratification, and a copy duly cer- 
tified shall be sent, through the 
diplomatic channel, to all the 
Powers who were represented at 
the International Peace Confer- 
ence at The Hague. 



1907 

The first deposit of ratifications 
shall he recorded in a proces-ver- 
bal signed by the representatives 
of the Powers which take part 
therein and by the Netherland 
Minister for Foreign Affairs. 

The subsequent deposits of 
ratifications shall he made by 
means of a written notification, 
addressed to the Netherland Gov- 
ernment and accompanied by the 
instrument of ratification. 

A duly certified copy of the 
proces-verbal relative to the first 
deposit of ratifications, of the 
notifications mentioned in the 
preceding paragraph, and of the 
instruments of ratification, shall 
he immediately sent by the Neth- 
erland Government, through the 
diplomatic channel, to the Powers 
invited to the Second Peace Con- 
ference, as well as to those Powers 
which have adhered to the Con- 
vention. In the cases contem- 
plated in the preceding paragraph, 
the said Government shall at the 
same time inform the Powers of 
the date on which it received the 
notification. 



Non-signatory 
Powers may 
adhere. 



Notification 
of intent. 



Article 59 

The non-signatory Powers who 
were represented at the Interna- 
tional Peace Conference can ad- 
here to the present Convention. 
For this purpose they must make 
known their adhesion to the con- 



Article 93 

Non-signatory Powers which 
have been invited to the Second 
Peace Conference may adhere to 
the present Convention. 

The Power which desires to ad- 
here notifies its intention in writ- 



PACIFIC SETTLEMENT OF INTERNATIONAL DISPUTES 79 



1899 
trading Powers by a written noti- 
fication addressed to the Nether- 
land Government, and communi- 
cated by it to all the other con- 
tracting Powers. 



1907 

ing to the Netherland Govern- 
ment, forwarding to it the act of 
adhesion, which shall be deposited 
in the archives of the said Govern- 
ment. 

This Government shall imme- Communication 

to other 

diatcly forward to all the other Powers. 
Powers invited to the Second 
Peace Conference a duly certified 
copy of the notification as well as 
of the act of adhesion, mentioning 
the date on which it received the 
notification. 



Article 60^ 

The conditions on which the 
Powers who were not represented 
at the International Peace Con- 
ference can adhere to the present 
Convention shall form the sub- 
ject of a subsequent agreement 
among the contracting Powers. 



Article 94 

The conditions on which the Adherence by 

other Powers. 

Powers which have not been 
invited to the Second Peace Con- 
ference may adhere to the present 
Convention shall form the subject 
of a subsequent agreement be- 
tween the contracting Powers. 



Article 95 

The present Convention shall Effect of 

' _ ratification. 

take effect, in the case of the 
Powers zvhich were not a party to 
the first deposit of ratifications, 
sixty days after the date of the 
proces-verbal of this deposit, and, 
in the case of the Powers which 
ratify subsequently or which ad- 
here, sixty days after the notifica- 
tion of their ratification or of their 



ipor the protocol establishing, as regards the Powers unrepresented at the 
First Conference, the mode of adhesion to this Copvention, see ante, p. xxix. 



80 



CONVENTIONS I OF 1899 AND 1907 



1899 



1907 

adhesion has been received by the 
N etherland Government. 



Denunciation. 



Notifying 
Power only 
affected. 



Article 61 

In the event of one of the high 
contracting Parties denouncing 
the present Convention, this de- 
nunciation would not take effect 
until a year after its notification 
made in writing to the Nether- 
land Government, and by it com- 
municated at once to all the other 
contracting Powers. 

This denunciation shall only 
affect the notifying Power. 



Article 96 

In the event of one of the con- 
tracting Powers wishing to de- 
nounce the present Convention, 
the denunciation shall be notified 
in writing to the Netherland Gov- 
ernment, which shall immediately 
communicate a duly certified copy 
of the notification to all the other 
Powers informing them of the 
date on which it was received. 

The denunciation shall only 
have effect in regard to the noti- 
fying Power, and one year after 
the notification has reached the 
N etherland Government. 



Register of 
ratifications. 



Signing. 



In faith of which the plenipo- 
tentiaries have signed the present 



Article 97 

A register kept by the Nether- 
land Minister for Foreign Affairs 
shall give the date of the deposit 
of ratifications effected in virtue 
of Article g2, paragraphs j and 4, 
as well as the date on which the 
notifications of adhesion {Article 
93, paragraph 2) or of denuncia- 
tion (Article p6, paragraph i) 
have been received. 

Each contracting Power is en- 
titled to have access to this regis- 
ter and to be supplied with duly 
certified extracts from it. 

In faith whereof the plenipo- 
tentiaries have appended their 



PACIFIC SETTLEMENT OF INTERNATIONAL DISPUTES 81 



1899 
Convention and affixed their seals 
to it. 

Done at The Hague, the 29th 
July, 1899, in a single copy, which 
shall remain in the archives of 
the Netherland Government, and 
copies of it, duly certified, be sent 
through the diplomatic channel to 
the contracting Powers. 

[Here follow signatures.] 



1907 

signatures to the present Conven- 
tion. 

Done at The Hague, the i8th ?/|:°gnai. 
October, ipo/, in a single copy, 
which shall remain deposited in 
the archives of the Netherland 
Government, and duly certified £"^'owers°''" 
copies of which shall be sent, 
through the diplomatic channel, 
to the contracting Powers. 

[Here follow signatures.] 



RATIFICATIONS, ADHESIONS AND RESERVATIONS 

The 1899 Convention was ratified by all the signatory Powers on 
the dates indicated : 

Austria-Hungary September 4, 1900 

Belgium September 4, 1900 

Bulgaria September 4, 1900 

China November 21, 1904 

Denmark September 4, 1900 

France September 4, 1900 

Germany September 4, 1900 

Great Britain September 4, 1900 

Greece April 4, 1901 

Italy September 4, 1900 

Japan October 6, 1900 

Luxemburg July 12, 1901 

Mexico April 17, 1901 

Montenegro October 16, 1900 

Netherlands September 4, 1900 

Norway (See Sweden and Norway.) 

Persia September 4, 1900 

Portugal September 4, 1900 

Roumania September 4, 1900 

Russia September 4, 1900 

Servia May 11, 1901 



82 



CONVENTIONS I OF 1899 AND 1907 



Siam September 4, 1900 

Spain September 4, 1900 

Sweden and Norway September 4, 1900 

Switzerland December 29, 1900 

Turkey June 12, 1907 

United States September 4, 1900 



Adhesions: 

Argentine Republic June 15 

Bolivia June 15 

Brazil June 15 

Chile June 15 

Colombia June 15 

Cuba June 15 

Dominican Republic June 15 

Ecuador July 3 

Guatemala June 15 

Haiti June 15 

Nicaragua June 15 

Panama June 15 

Paraguay June 15 

Peru June 15 

Salvador June 20 

Uruguay June 17 

Venezuela June 15 



1907 
1907 
1907 
1907 
1907 
1907 
1907 
1907 
1907 
1907 
1907 
1907 
1907 
1907 
1907 
1907 
1907 



Reservations:^ 
Roumania 

Under the reservations formulated with respect to Articles 
16, 17 and 19 of the present Convention (15, 16 and 18 of the 
project presented by the committee on examination), and 
recorded in the prochs-verhal of the sitting of the Third 
Commission of July 20, 1899.^ 

Extract from the proces-verbal: 

The Royal Government of Roumania being completely in 
favor of the principle of facultative arbitration, of which it appre- 
ciates the great importance in international relations, neverthe- 



lAll these reservations were made at signature. 
^Reservations maintained at ratification. 



PACIFIC SETTLEMENT OF INTERNATIONAL DISPUTES 83 

less does not intend to undertake, by Article 15, an engagement 
to accept arbitration in every case there provided for, and it 
believes it ought to form express reservations in that respect. 

It can not therefore vote for this article, except under that 
reservation. 

The Royal Government of Roumania declares that it can not 
adhere to Article 16 except with the express reservation, entered 
in the proch-verbal, that it has decided not to accept, in any 
case, an international arbitration for disagreements or disputes 
previous to the conclusion of the present Convention. 

The Royal Government of Roumania declares that in ad- 
hering to Article 18 of the Convention, it makes no engagement 
in regard to obligatory arbitration.^ 

Servia 

Under the reservations recorded in the proces-verbal of the 
Third Commission of July 20, 1899.2 

Extract from the proces-verbal: 

In the name of the Royal Government of Servia, we have the 
honor to declare that our adoption of the principle of good 
offices and mediation does not imply a recognition of the right 
of third States to use these means except with the extreme re- 
serve which proceedings of this delicate nature require. 

We do not admit good offices and mediation except on con- 
dition that their character of purely friendly counsel is main- 
tained fully and completely, and we never could accept them 
in forms and circumstances such as to impress upon them the 
character of intervention. ^ 

Turkey 

Under reservation of the declaration made in the plenary 
sitting of the Conference of July 25, 1899. 

Extract from the proces-verbal: 

The Turkish delegation, considering that the work of this 
Conference has been a work of high loyalty and humanity, 
destined solely to assure general peace by safeguarding the in- 
terests and the rights of each one, declares, in the name of its 
Government, that it adheres to the project just adopted, on the 
following conditions : 

1. It is formally understood that recourse to good offices 
and mediation, to commissions of inquiry and arbitration is 



^Declaration of Mr. Beldiman. Proces-verbaux, pt. iv, p. 48. 

^Reservations maintained at ratification. 

sDeclaration of Mr. Miyatovitch. Proces-verbaux, pt. iv, p. 47. 



84 CONVENTIONS I OF 1899 AND 1907 

purely facultative and could not in any case assume an obligatory 
character or degenerate into intervention; 

2. The Imperial Government itself vi^ill be the judge of the 
cases where its interests w^ould permit it to admit these methods 
without its abstention or refusal to have recourse to them being 
considered by the signatory States as an unfriendly act. 

It goes without saying that in no case could the means in 
question be applied to questions concerning interior regulation. i 

United States 

Under reservation of the declaration made at the plenary 
sitting of the Conference on the 25th of July, 1899.^ 

Extract from the proces-verbal: 

The delegation of the United States of America on signing 
the Convention for the pacific settlement of international dis- 
putes, as proposed by the International Peace Conference, makes 
the following declaration : 

Nothing contained in this Convention shall be so construed as 
to require the United States of America to depart from its 
traditional policy of not intruding upon, interfering with, or 
entangling itself in the political questions or policy or internal 
administration of any foreign State; nor shall anything con- 
tained in the said Convention be construed to imply a relinquish- 
ment by the United States of America of its traditional attitude 
toward purely American questions.^ 



The 1907 Convention was ratified by the following signatory 
Powers on the dates indicated : 

Austria-Hungary November 27, 1909 

Belgium August 8, 1910 

Bolivia November 27, 1909 

Brazil January 5, 1914 

China November 27, 1909 

Cuba February 22, 1912 

Denmark November 27, 1909 

France October 7, 1910 



^Declaration of Turkhan Pasha. Proces-verhaux, pt. i, p. 70. This reserva- 
tion does not appear in the instrument of ratification, 

2Reservation maintained at ratification. 

^Proccs-verbaiix, pt. i, p. 69. Compare the reservation of the United States 
to the 1907 Convention, post, p. 87. 



PACIFIC SETTLEMENT OF INTERNATIONAL DISPUTES 85 

Germany November 27, 1909 

Guatemala March 15, 1911 

Haiti February 2, 1910 

Japan December 13, 1911 

Luxemburg September 5, 1912 

Mexico November 27, 1909 

Netherlands November 27, 1909 

Norway September 19, 1910 

Panama September 11,1911 

Portugal April 13, 1911 

Roumania March 1, 1912 

Russia November 27, 1909 

Salvador November 27, 1909 

Siam March 12, 1910 

Spain March 18, 1913 

Sweden November 27, 1909 

Switzerland May 12, 1910 

United States November 27, 1909 

Adhesion: 

Nicaragua December 16, 1909 

The following Powers signed the Convention but have not yet 
ratified : 

Argentine Republic Montenegro 

Bulgaria Paraguay 

Chile Persia 

Colombia Peru 

Dominican Republic Servia 

Ecuador Turkey 

Great Britain Uruguay 

Greece Venezuela 
Italy 

Reservations:'^ 
Brazil 

With reservation as to Article 53 paragraphs 2, 3, and 4.^ 

^All these reservations were made at signature except the second reservation 
of the United States. 
-Reservation maintained at ratification. 



86 CONVENTIONS I OF 1899 AND 1907 

Chile 

Under reservation of the declaration formulated with regard 
to Article 39 in the seventh meeting of the First Commission 
on October 7. 

Extract from the proces-verbal: 

The delegation of Chile desires to make the following declara- 
tion in the name of its Government with respect to this article. 
Our delegation at the time of signing the Convention of 1899 
for the pacific settlement of international disputes did so with 
the reservation that the adhesion of its Government as regards 
Article 17 would not include controversies or questions prior to 
the celebration of the Convention. 

The delegation of Chile believes it to be its duty to-day to re- 
new, with respect to the same provision, the reservation that it 
has previously made, although it may not be strictly necessary 
in view of the similar character of the provision.^ 

Greece 

With the reservation of paragraph 2 of Article 53. 

Japan 

With reservation of paragraphs 3 and 4 of Article 48, of para- 
graph 2 of Article 53, and of Article 54.^ 

Roumania 

With the same reservations formulated by the Roumanian 
plenipotentiaries on signing the Convention for the pacific 
settlement of international disputes of July 29, 1899.* 

Switzerland 

Under reservation of Article 53, number 2} 

Turkey 

Under reservation of the declarations recorded in the proces- 
verbal of the ninth plenary session of the Conference held on 
October 16, 1907. 

Extract from the proces-verbal: 

The Ottoman delegation declares, in the name of its Govern- 
ment, that while it is not unmindful of the beneficent influence 



^Statement of Mr. Domingo Gana. Actes et documents, vol. ii, p. 121. 

^Reservation maintained at ratification. 

^Reservations maintained at ratification. See ante, p. 82. 



PACIFIC SETTLEMENT OF INTERNATIONAL DISPUTES 87 

which good offices, mediation, commissions of inquiry, and arbi- 
tration are able to exercise on the maintenance of the pacific 
relations between States, in giving its adhesion to the whole of 
the draft, it does so on the understanding that such methods re- 
main, as before, purely optional; it could in no case recognize 
them as having an obligatory character rendering them susceptible 
of leading directly or indirectly to an intervention. 

The Imperial Government proposes to remain the sole judge 
of the occasions when it shall be necessary to have recourse 
to the different proceedings or to accept them without its deter- 
mination on the point being liable to be viewed by the signatory 
States as an unfriendly act. 

It is unnecessary to add that such methods should never be 
applied in cases of internal order.i 

United States 

Under reservation of the declaration made in the plenary ses- 
sion of the Conference held on October 16. 1907.^ 

Extract from the proces-verhal: 

The delegation of the United States renews the reserva- 
tion made in 1899 on the subject of Article 48 of the Conven- 
tion for the pacific settlement of international disputes in the 
form of the following declaration: 

Nothing contained in this Convention shall be so construed as 
to require the United States of America to depart from its tradi- 
tional policy of not intruding upon, interfering with, or en- 
tangling itself in the political questions of policy or internal 
administration of any foreign State; nor shall anything contained 
in the said Convention be construed to imply a relinquishment 
by the United States of its traditional attitude toward purely 
American questions.^ 

The act of ratification contains the following reservation : 

That the United States approves this Convention with the un- 
derstanding that recourse to the Permanent Court for the settle- 
ment of differences can be had only by agreement thereto through 
general or special treaties of arbitration heretofore or hereafter 
concluded between the parties in dispute; and the United States 
now exercises the option contained in Article 53 of said Con- 
vention, to exclude the formulation of the compromis by the 
Permanent Court, and hereby excludes from the competence 
of the Permanent Court the power to frame the compromis re- 



iStatements of Turkhan Pasha. Actes et documents, vol. i, p. 336. 

^Reservation maintained at ratification. 

'Statement of Mr. David Jayne Hill. Actes et documents, vol. i, p. 335. 



88 CONVENTIONS I OF 1899 AND 1907 

quired by general or special treaties of arbitration concluded 
or hereafter to be concluded by the United States, and further 
expressly declares that the compromis required by any treaty of 
arbitration to which the United States may be a party shall be 
settled only by agreement between the contracting parties, unless 
such treaty shall expressly provide otherwise. 



CONVENTION (II) RESPECTING THE LIMITATION OF THE EMPLOY- 
MENT OF FORCE FOR THE RECOVERY OF CONTRACT DEBTS 

Signed at The Hague, October 18, 1907 

His Majesty the German Emperor, King of Prussia; [etc.] : 

Beins: desirous of avoiding between nations armed conflicts of a Purpose of 

, , , , . . Convention. 

pecuniary origin arising from contract debts which are claimed from 
the Government of one country by the Government of another coun- 
try as due to its nationals, have resolved to conclude a Convention to 
this effect, and have appointed the following as their plenipotentiaries : 
[Here follow the names of the plenipotentiaries.] 
Who, after depositing their full powers, found in good and due form, 
have agreed upon the following provisions: 

Article 1 

The contracting Powers agree not to have recourse to armed force not"to'bl°usId 
for the recovery of contract debts claimed from the Government of contracTdlbtf 
one country by the Government of another country as being due to its 
nationals. 

This undertaking is, however, not applicable when the debtor State Exception, 
refuses or neglects to reply to an offer of arbitration, or, after accept- 
ing the offer, prevents any compromis from being agreed on, or, after 
the arbitration, fails to submit to the av/ard. 

Article 2 
It is further agreed that the arbitration mentioned in paragraph 2 Arbitration 

° r o r procedure. 

of the foregoing article shall be subject to the procedure laid down 
in Part IV, Chapter III, of the Hague Convention for the pacific 
settlement of international disputes. The award shall determine, Award, 
except where otherwise agreed between the parties, the validity of the 
claim, the amount of the debt, and the time and mode of payment. 



90 



CONVENTION II OF 1907 



Article 3 



Ratification. 

Deposit at 
The Hague. 



Certified copies 
to Powers. 



Non-signatory 
Powers 
may adhere. 

Notification 
of intent. 



Communication 
to other 
Powers. 



The present Convention shall be ratified as soon as possible. 

The ratifications shall be deposited at The Hague. 

The first deposit of ratifications shall be recorded in a proces-verbal 
signed by the representatives of the Powers taking part therein and 
by the Netherland Minister for Foreign Affairs. 

The subsequent deposits of ratifications shall be made by means of 
a written notification addressed to the Netherland Government and 
accompanied by the instrument of ratification. 

A duly certified copy of the proces-verbal relative to the first de- 
posit of ratifications, of the notifications mentioned in the preceding 
paragraph, as well as of the instruments of ratification, shall be sent 
immediately by the Netherland Government, through the diplomatic 
channel, to the Powers invited to the Second Peace Conference, as 
well as to the other Powers which have adhered to the Convention. 
In the cases contemplated in the preceding paragraph, the said Gov- 
ernment shall inform them at the same time of the date on which it 
received the notification. 

Article 4 

Non-signatory Powers may adhere to the present Convention. 

The Power which desires to adhere notifies its intention in writing 
to the Netherland Government, forwarding to it the act of adhesion, 
which shall be deposited in the archives of the said Government. 

The said Government shall forward immediately to all the other 
Powers invited to the Second Peace Conference a duly certified copy 
of the notification, as well as of the act of adhesion, mentioning the 
date on which it received the notification. 



Effect of 
ratification. 



Article 5 

The present Convention shall come into force, in the case of the 
Powers which were a party to the first deposit of ratifications, sixty 
days after the date of the proces-verbal of this deposit, in the case 
of the Powers which ratify subsequently or which adhere, sixty days 
after the notification of their ratification or of their adhesion has 
been received by the Netherland Government. 



RECOVERY OF CONTRACT DEBTS 91 

Article 6 

In the event of one of the contracting Powers wishing to denounce Denunciation, 
the present Convention, the denunciation shall be notified in writing 
to the Netherland Government, which shall immediately communicate 
a duly certified copy of the notification to all the other Powers, in- 
forming them at the same time of the date on which it was received. 

The denunciation shall only have effect in regard to the notifying Notifying 

° ^ o Power 

Power, and one year after the notification has reached the Netherland o"'y affected. 
Government. 

Article 7 

A register kept by the Netherland Ministry for Foreign Affairs shall ^^f^^^J^^l 
give the date of the deposit of ratifications made in virtue of Article 3, 
paragraphs 3 and 4, as well as the date on which the notifications of 
adhesion (Article 4, paragraph 2) or of denunciation (Article 6, para- 
graph 1) were received. 

Each contracting Power is entitled to have access to this register and 
to be supplied with duly certified extracts from it. 

In faith whereof the plenipotentiaries have appended their signa- Signing, 
tures to the present Convention. 

Done at The Hague, the 18th October, 1907, in a single copy, which Jr1''°ni\°^ 
shall remain deposited in the archives of the Netherland Government, 
and duly certified copies of which shall be sent to the contracting 
Powers through the diplomatic channel. 

[Here follow signatures.] 



RATIFICATIONS, ADHESIONS AND RESERVATIONS 

The foregoing Convention was ratified by the following signatory 
Powers on the dates indicated: 

Austria-Hungary November 27, 1909 

Denmark November 27, 1909 

France October 7, 1910 

Germany November 27, 1909 

Great Britain November 27, 1909 

Guatemala March 15, 1911 

Haiti February 2, 1910 

Japan December 13, 1911 



92 CONVENTION II OF 1907 

Mexico November 27, 1909 

Netherlands November 27, 1909 

Norway September 19, 1910 

Panama September 11, 1911 

Portugal April 13, 1911 

Russia , November 27, 1909 

Salvador November 27, 1909 

Spain March 18, 1913 

United States November 27, 1909 

Adhesions: 

China January 15, 1910 

Liberia February 4, 1914 

Nicaragua December 16, 1909 

The following Powers signed the Convention but have not yet 
ratified : 

Argentine Republic Italy 

Bolivia Montenegro 

Bulgaria Paraguay 

Chile Persia 

Colombia Peru 

Cuba Servia 

Dominican Republic Turkey 

Ecuador Uruguay 
Greece 

Reservations:^ 

Argentine Republic 

The Argentine Republic makes the following reservations: 

1. With regard to debts arising from ordinary contracts 
between the citizen or subject of a nation and a foreign Govern- 
ment, recourse shall not be had to arbitration except in the 
specific case of denial of justice by the courts of the country 
which made the contract, the remedies before which courts must 
first have been exhausted. 

2. Public loans, secured by bond issues and constituting the 
national debt, shall in no case give rise to military aggression 
or the material occupation of the soil of American nations. 



lAll these reservations, except those of Nicaragua and the United States, were 
made at signature. 



RECOVERY OF CONTRACT DEBTS 93 

Bolivia 

Under the reservation stated to the First Commission. 

Extract from the proccs-verbal: 

It seems to me, therefore, that the acceptance of the propo- 
sition before us will but mean the legitimation by the Peace 
Conference of a certain class of wars, or at least interventions 
based on disputes which relate neither to the honor nor vital 
interests of the creditor States. 

In consequence of these forceful reasons, the delegation of 
Bolivia regrets not to give its entire assent to the proposition 
under discussion.^ 

Colombia 

Colombia makes the following reservations : 

It does not agree to the employment of force in any case for 
the recover^' of debts, whatever be their nature. It accepts arbi- 
tration only after a final decision has been rendered by the 
courts of the debtor nations. 

Dominican Republic 

With the reservation made at the plenary session of October 
16, 1907. 

Extract from the proces-verbal: 

The delegation of the Dominican Republic confirms its fav- 
orable vote on the proposal of the delegation of the United 
States relative to the limitation of the employment of force for 
the recovery of contract debts; but it renews its reservation as 
to the condition contained in this part of the clause: "or after 
accepting the offer, prevents any compromis from being agreed 
on," as its interpretation might lead to excessive consequences 
which would be the more regrettable as they are provided for 
and avoided in the plan of Article Si of the new Convention for 
the pacific settlement of international disputes. 2 

Ecuador 

With the reservations made at the plenary session of October 
16, 1907. 

Extract from the proces-verbal: 

The delegation of Ecuador will vote affirmatively while 
maintaining the reservations made in the First Commission. ^ 



*» 



^Statement of Mr. Claudio Pinilla. Actes et documents, vol. ii, p. 142. 
^Statement of Mr. Apolinar Tejera. Actes et documents, vol. i, p. 337. 
'Statement of Mr. Dorn y de Alsiia. Actes et documents, vol. i, p. 338. 



94 CONVENTION II OF 1907 

Greece 

With the reservation made at the plenary session of October 
16, 1907. 

Extract from the proces-verbal: 

In the eighth meeting of the First Commission the Greek 
delegation, being without definite instructions, was obliged to 
reserve its vote on the subject of the proposition of the United 
States of America on the treatment of contract debts. We are 
to-day in a position to declare that the Royal Government accepts 
the said proposition, which has for its aim the doing away, by 
peaceful means, of differences between nations and the exclu- 
sion, conformably to the principles of international law, of the 
employment of armed force outside of armed conflicts. We con- 
sider, at the same time, that the provisions contained in para- 
graphs 2 and 3 of the text voted can not affect existing stipula- 
tions nor laws in force in the realm.^ 

Guatemala 

1. With regard to debts arising from ordinary contracts be- 
tween the citizens or subjects of a nation and a foreign Gov- 
ernment, recourse shall be had to arbitration only in case of 
denial of justice by the courts of the country which made the 
contract, the remedies before which courts must first have 
been exhausted.^ 

2. Public loans secured by bond issues and constituting na- 
tional debts shall in no case give rise to military aggression or 
the material occupation of the soil of American nations.^ 

Nicaragua 

The act of adhesion contains the following reservations : 

(a) With regard to debts arising from ordinary contracts 
between the citizen or subject of a nation and a foreign Govern- 
ment, recourse shall be had to arbitration only in the specific 
case of a denial of justice by the courts of the country where the 
contract was made, the remedies before which courts must first 
have been exhausted. 

(b) Public loans secured by bond issues and constituting the 
national debt shall in no case give rise to military aggression or 
the material occupation of the soil of American nations. 



^Statement of Mr. Rangabe. Actes et documents, vol. i, p. 336. 
^Reservation maintained at ratification. 



RECOVERY OF CONTRACT DEBTS 95 

Peru 

Under the reservation that the principles laid down in this 
Convention shall not be applicable to claims or differences 
arising from contracts concluded by a country with foreign 
subjects when it has been expressly stipulated in these con- 
tracts that the claims or differences must be submitted to the 
judges or courts of the country. 

Salvador 

We make the same reservations as the Argentine Republic 
above.^ 

United States 

The act of ratification contains the following reservation : 

That the United States approves this Convention with the 
understanding that recourse to the Permanent Court for the set- 
tlement of the differences referred to in said Convention can be 
had only by agreement thereto through general or special treaties 
of arbitration heretofore or hereafter concluded between the 
parties in dispute. 

Uruguay 

Under reservation of the second paragraph of Article 1, be- 
cause the delegation considers that arbitration may always be 
refused as a matter of right if the fundamental law of the 
debtor nation, prior to the contract which has given rise to the 
doubts or disputes, or this contract itself, has stipulated that 
such doubts or disputes shall be settled by the courts of the 
said nation. 



''■Ante, p. 92. Reservation maintained at ratification. 



CONVENTION (III) RELATIVE TO THE OPENING OF HOSTILITIES 
Signed at The Hague, October 18, 1907 



Purpose of 
Convention. 



His Majesty the German Emperor, King of Prussia; [etc.] : 

Considering that it is important, in order to ensure the maintenance 
of pacific relations, that hostilities should not commence without 
previous warning; 

That it is equally important that the existence of a state of war 
should be notified without delay to neutral Powers; 
Plenipotentiaries Being dcsirous of concluding a Convention to this effect, have ap- 
pointed the following as their plenipotentiaries: 

[Here follow the names of plenipotentiaries.] 

Who, after depositing their full powers, found in good and due 
form, have agreed upon the following provisions : 



Notice of 

commencing 

hostilities. 



Article 1 

The contracting Powers recognize that hostilities between them- 
selves must not commence without previous and explicit warning, 
in the form either of a reasoned declaration of war or of an ultimatum 
with conditional declaration of war. 



Notice to 
neutral Powers. 



Article 2 

The existence of a state of war must be notified to the neutral 
Powers without delay, and shall not take effect in regard to them 
until after the receipt of a notification, which may, however, be given 
by telegraph. Neutral Powers, nevertheless, cannot rely on the 
absence of notification if it is clearly established that they were in 
fact aware of the existence of a state of war. 



Effect on 

contracting 

Powers. 



Article 3 

Article 1 of the present Convention shall take efifect in case of 
war between two or more of the contracting Powers. 



THE OPENING OF HOSTILITIES 97 

Article 2 is binding as between a belligerent Power whfch is a 
party to the Convention and neutral Powers which are also parties 
to the Convention. 

Article 4 

The present Convention shall be ratified as soon as possible. Ratification. 

The ratifications shall be deposited at The Hague. th'^'h* ^* 

The first deposit of ratifications shall be recorded in a proces-verbal 
signed by the representatives of the Powers which take part therein 
and by the Netherland Minister for Foreign Aflfairs. 

The subsequent deposits of ratifications shall be made by means 
of a written notification addressed to the Netherland Government and 
accompanied by the instrument of ratification. 

A duly certified copy of the proces-verbal relative to the first deposit Certified copies 

"^ _ . . . . '^ to Powers. 

of ratifications, of the notifications mentioned in the preceding para- 
graph, as well as of the instruments of ratification, shall be at once 
sent by the Netherland Government through the diplomatic channel 
to the Powers invited to the Second Peace Conference, as well as to 
the other Powers which have adhered to the Convention. In the cases 
contemplated in the preceding paragraph, the said Government shall at 
the same time inform them of the date on which it received the 
notification. 

Article 5 

Non-signatory Powers may adhere to the present Convention. Non-signatory 

The Power which wishes to adhere notifies in writing its intention "^ay adhere. 

to the Netherland Government, forwarding to it the act of adhesion, of intent. 

which shall be deposited in the archives of the said Government. 

The said Government shall at once forward to all the other Powers Communication 

.- . ,, . , r 11 to Other Powers. 

a duly certified copy of the notification as well as of the act of adhe- 
sion, stating the date on which it received the notification. 

Article 6 
The present Convention shall come into force, in the case of the Effect of 

. . , ratification. 

Powers which were a party to the first deposit of ratifications, sixty 
days after the date of the proces-verbal of that deposit, and, in the 
case of the Powers which ratify subsequently or which adhere, sixty 
days after the notification of their ratification or of their adhesion 
has been received by the Netherland Government. 



98 



CONVENTION III OF 1907 



Denunciation. 



Notifying Power 
only affected. 



Register of 
ratifications. 



Signing. 



Deposit 
of original. 



Article 7 

In the event of one of the high contracting Parties wishing to 
denounce the present Convention, the denunciation shall be notified 
in writing to the Netherland Government, which shall at once com- 
municate a duly certified copy of the notification to all the other 
Powers, informing them of the date on which it was received. 

The denunciation shall only have effect in regard to the notifying 
Power, and one year after the notification has reached the Netherland 
Government. 

Article 8 

A register kept by the Netherland Ministry for Foreign Affairs 
shall give the date of the deposit of ratifications made in virtue of 
Article 4, paragraphs 3 and 4, as well as the date on which the notifica- 
tions of adhesion (Article 5, paragraph 2) or of denunciation (Ar- 
ticle 7, paragraph 1) have been received. 

Each contracting Power is entitled to have access to this register 
and to be supplied with duly certified extracts from it. 

In faith whereof the plenipotentiaries have appended their signa- 
tures to the present Convention. 

Done at The Hague, the 18th October, 1907, in a single copy, which 
shall remain deposited in the archives of the Netherland Government, 
and duly certified copies of which shall be sent, through the diplo- 
matic channel, to the Powers which have been invited to the Second 
Peace Conference. 

[Here follow signatures.] 



RATIFICATIONS, ADHESIONS AND RESERVATIONS 

The foregoing Convention was ratified by the following signatory 
Powers on the dates indicated : 

Austria-Hungary November 27, 1909 

Belgium August 8, 1910 

Bolivia November 27, 1909 

Brazil January 5, 1914 

Denmark November 27, 1909 

France October 7, 1910 

Germany November 27, 1909 



THE OPENING OF HOSTILITIES 



99 



Great Britain November 27 

Guatemala March 15 

Haiti February 2 

Japan December 13 

Luxemburg September 5 

Mexico November 27 

Netherlands November 27 

Norway September 19 

Panama September 1 1 

Portugal April 13 

Roumania March 1 

Russia November 27 

Salvador November 27 

Siam March 12 

Spain March 18 

Sweden November 27 

Switzerland May 12 

United States November 27 



1909 
1911 
1910 
1911 
1912 
1909 
1909 
1910 
1911 
1911 
1912 
1909 
1909 
1910 
1913 
1909 
1910 
1909 



Adhesions: 

China January 15, 1910 

Liberia February 4, 1914 

Nicaragua December 16, 1909 

The following Powers signed the Convention but have not yet 
ratified : 

Argentine Republic Montenegro 

Bulgaria Paraguay 

Chile Persia 

Colombia Peru 

Cuba Servia 

Dominican Republic Turkey 

Ecuador Uruguay 

Greece Venezuela 
Italy 



Reservatiojis: none. 



THE HAGUE CONVENTIONS OF 1899 (II) AND 1907 (IV) RESPECTING 
THE LAWS AND CUSTOMS OF WAR ON LAND 



Purpose of 
Convention. 



1899 



1907 



Convention (II) with respect to Convention (IV) respecting the 

the laws and customs of war on laws and customs of war on 

land. — Signed at The Hag^e, land. — Signed at The Hague, 

July 29, 1899. October 18, 1907.^ 



His Majesty the German Em- 
peror, King of Prussia; [etc.] : 

Considering that, while seeking 
means to preserve peace and pre- 
vent armed conflicts among na- 
tions, it is likewise necessary to 
have regard to cases where an ap- 
peal to arms may be caused by 
events which their solicitude could 
not avert ; 

Animated by the desire to serve, 
even in this extreme hypothesis, 
the interests of humanity and the 
ever increasing requirements of 
civilization ; 

Thinking it important, with this 
object, to revise the laws and gen- 
eral customs of war, either with 
the view of defining them more 
precisely, or of laying down cer- 
tain limits for the purpose of 
modifying their severity as far as 
possible ; 



His Majesty the German Em- 
peror, King of Prussia; [etc.] : 

Seeing that, while seeking 
means to preserve peace and pre- 
vent armed conflicts between na- 
tions, it is likewise necessary to 
bear in mind the case where the 
appeal to arms has been brought 
about by events which their care 
was unable to avert; 

Animated by the desire to 
serve, even in this extreme case, 
the interests of humanity and the 
ever progressive needs of civiliza- 
tion; 

Thinking it important, with this 
object, to revise the general laws 
and customs of war, either with 
a view to defining them with 
greater precision or to confining 
them within such limits as would 
mitigate their severity as far as 
possible ; 



^Italics indicate differences between the Conventions of 1899 and 1907. 



THE LAWS AND CUSTOMS OF WAR ON LAND 101 

1899 1907 

Inspired by these views which Have deemed it necessary to 

are enjoined at the present day, as complete and explain in certain 

they were twenty-five years ago at particulars the work of the First 

the time of the Brussels Confer- Peace Conference, which, follow- 

ence in 1874, by a wise and gener- ing on the Brussels Conference of 

ous foresight; iS74> ^^^ inspired by the ideas 

Have, in this spirit, adopted a dictated by a wise and generous 

great number of provisions, the forethought, adopted provisions 

object of which is to define and intended to de-fine and govern the 

govern the usages of war on land, iisages of zvar on land. 

In view of the high contracting According to the views of the 

Parties, these provisions, the high contracting Parties, these 

wording of which has been in- provisions, the wording of v/hich 

spired by the desire to diminish the has been inspired by the desire to 

evils of war so far as military ne- diminish the evils of war, as far as 

cessities permit, are destined to military requirements permit, are 

serve as general rules of conduct intended to serve as a general rule 

for belligerents in their relations of conduct for the belligerents in 

with each other and with popu- their mutual relations and in their 

lations. relations with the inhabitants. 

It has not, however, been possi- It has not, however, been found 

ble to agree forthwith on provi- possible at present to concert 

sions embracing all the circum- regulations covering all the cir- 

stances which occur in practice. cumstances which arise in prac- 
tice ; 

On the other hand, it could not On the other hand, the high 

be intended by the high contract- contracting Parties clearly do not 

ing Parties that the cases not pro- intend that unforeseen cases 

vided for should, for want of a should, in the absence of a written 

written provision, be left to the undertaking, be left to the arbi- 

arbitrary judgment of the military trary judgment of military com- 

commanders. manders. 

Until a more complete code of Until a more complete code of 

the laws of war is issued, the high the laws of war has been issued, 

contracting Parties think it right the high contracting Parties 

to declare that in cases not in- deem it expedient to declare that, 

eluded in the Regulations adopted in cases not included in the Regu- 

by them, populations and belHger- lations adopted by them, the in- 



102 



CONVENTIONS II OF 1899 AND IV OF 1907 



Plenipotentiaries. 



1899 

ents remain under the protection 
and empire of the principles of 
international law, as they result 
from the usages established be- 
tween civilized nations, from the 
laws of humanity, and the require- 
ments of the public conscience; 

They declare that it is in this 
sense especially that Articles 1 and 
2 of the Regulations adopted must 
be understood ; 

The high contracting Parties, 
desiring to conclude a Convention 
to this effect, have appointed as 
their plenipotentiaries, to wit : 

[Here follow the names of 
plenipotentiaries.] 

Who, after communication of 
their full powers, found in good 
and due form, have agreed on the 
following : 



1907 

habitants and the belligerents re- 
main under the protection and the 
rule of the principles of the law of 
nations, as they result from the 
usages established among civilized 
peoples, from the laws of human- 
ity, and the dictates of the public 
corLscience. 

They declare that it is in this 
sense especially that Articles 1 and 
2 of the Regulations adopted must 
be understood. 

The high contracting Parties, 
wishing to conclude a fresh Con- 
vention to this effect, have ap- 
pointed the following as their 
plenipotentiaries : 

[Here follow the names of 
plenipotentiaries.] 

Who, after having deposited 
their full powers, found in good 
and due form, have agreed upon 
the following: 



Instructions 
to armed 
land forces. 



Article 1 

The high contracting Parties 
shall issue instructions to their 
armed land forces, which shall be 
in conformity with the "Regula- 
tions respecting the laws and cus- 
toms of war on land" annexed 
to the present Convention. 



Article 1 

The contracting Powers shall 
issue instructions to their armed 
land forces which shall be in con- 
formity with the Regulations re- 
specting the laws and customs of 
war on land, annexed to the 
present Convention. 



Article 2 



Article 2 



Powers bound. The pfovisions Contained in the The provisions contained in the 

Regulations mentioned in Article Regulations referred to in Article 
1 are only binding on the contract- 1, as well as in the present Con- 



T!1E LAWS AND CUSTOMS OF WAR ON LAND 



103 



1899 

ing Powers, in case of war be- 
tween two or more of them. 

These provisions shall cease to 
be binding from the time when, in 
a war between contracting Pow- 
ers, a non-contracting Power joins 
one of the belligerents. 



1907 

vention, do not apply except be- 
tween contracting Powers, and 
then only if all the belligerents are 
parties to the Convention. 



Article 3^ 

A belligerent party which vio- Penalty for 
lates the provisions of the said regulations. 
Regulations shall, if the case de- 
mands, be liable to pay compen- 
sation. It shall be respo'nsible for 
all acts committed by persons 
forming part of its armed forces. 



Article 4 

The present Convention, duly ^^^°\^\^'^^a' 
ratified, shall as between the 
contracting Powers, be substi- 
tuted for the Convention of the 
2Qth July, i8pp, respecting the 
laws and customs of war on land. 

The Convention of l800 re- Continuance 

' -^-^ of former 

mains in force as between the Convention. 
Pozvers which signed it, and which 
do not also ratify the present Con- 
vention. 



Article 3 



Article 5 



The present Convention shall be The present Convention shall be Ratification. 



ratified as speedily as possible. 

The ratifications shall be depos- 
ited at The Hague. 



ratified as soon as possible. 

The ratifications shall be depos- 2,«p°V' ^' 

^ The Hague. 

ited at The Hague. 

The first deposit of ratifications 
shall be recorded in a proch- 
verbal signed by the Representa- 



iTurkey made reservation of Article 3. 



104 



CONVENTIONS II OF 1899 AND IV OF 1907 



1899 



Certified copies 
to Powers. 



A proces-verbal shall be drawn 
up recording the receipt of each 
ratification, and a copy, duly cer- 
tified, shall be sent through the 
diplomatic channel, to all the con- 
tracting Powers. 



1907 

tives of the Powers which take 
part therein and by the Nether- 
land Minister for Foreign Affairs. 

The subsequent deposits of rati- 
fications shall be made by means of 
a written notiUcation, addressed 
to the N etherland Government 
and accompanied by the instru- 
ment of ratification. 

A duly certified copy of the 
proces-verbal relative to the first 
deposit of ratifications, of the no- 
tifications mentioned in the pre- 
ceding paragraph, as well as of the 
instruments of ratification, shall 
be immediately sent by the Neth- 
erland Government, through the 
diplomatic channel, to the Powers 
invited to the Second Peace Con- 
ference, as well as to the other 
Powers which have adhered to 
the Convention. In the cases 
contemplated in the preceding 
paragraph the said Government 
shall at the same time inform them 
of the date on which it received 
the notification. 



Adherence of 
non-signatory 
Powers. 



Notification 
of intent. 



Article 4 

Non-signatory Powers are al- 
lowed to adhere to the present 
Convention. 

For this purpose they must 
make their adhesion known to the 
contracting Powers by means of a 
written notification, addressed to 
the Netherland Government, and 



Article 6 

Non-signatory Powers may ad- 
here to the present Convention. 

The Power zvhich desires to ad- 
here notifies in writing its inten- 
tion to the Netherland Govern- 
ment, forwarding to it the act of 
adhesion, zvhich shall be deposited 



THE LAWS AND CUSTOMS OF WAR ON LAND 



105 



1899 1907 

by it communicated to all the other in the archives of the said Govertu- 
contracting Powers. nient. 

This Government shall at once Communication 

to other Powers. 

transmit to all the other Powers 
a duly certified copy of the noti- 
fication as well as of the act of 
adhesion, mentioning the date on 
which it received the notification. 



atlon. 



Article 7 
The present Convention shall Effect of 

' ratiticatio 

come into force, in the case of the 
Powers which were a party to the 
first deposit of ratifications, sixty 
days after the date of the proces- 
verbal of this deposit, and, in the 
case of the Powers which ratify 
subsequently or which adhere, 
sixty days after the notification of 
their ratification or of their ad- 
hesion has been received by the 
Netherland Government. 



Article 5 

In the event of one of the high 
contracting Parties denouncing 
the present Convention, such de- 
nunciation would not take effect 
until a year after the written noti- 
fication made to the Netherland 
Government, and by it at once 
communicated to all the other con- 
tracting Powers. 



This denunciation shall 
only the notifying Power. 



affect 



Article 8 

In the event of one of the con- 
tracting Powers wishing to de- 
nounce the present Convention, 
the denunciation shall be notified 
in writing to the Netherland 
Government, which shall at once 
communicate a duly certified copy 
of the notification to all the other 
Pozvers, informing them of the 
date on which it was received. 

The denunciation shall only 
have effect in regard to the noti- 



Denunciation. 



Notifying Power 
only affected. 



106 



CONVENTIONS II OF 1899 AND IV OF 1907 



1899 



1907 

fying Power, and one year after 
the notification has reached the 
Netherland Government. 



Register of 
ratifications. 



Signing. 



Deposit 
of original. 



In faith of which the plenipo- 
tentiaries have signed the present 
Convention and affixed their seals 
thereto. 

Done at the Hague the 29th 
July, 1899, in a single copy, which 
shall be kept in the archives of the 
Netherland Government, and 
copies of which, duly certified, 
shall be delivered to the contract- 
ing Powers through the diploma- 
tic channel. 



[Here follow signatures.] 



Article 9 

A register kept by the Nether- 
land Ministry for Foreign Affairs 
shall give the date of the deposit 
of ratifications made in virtue of 
Article 5, paragraphs 5 and 4, as 
well as the date on which the noti- 
fications of adhesion (Article 6, 
paragraph 2), or of denunciation 
{Article 8, paragraph i) were re- 
ceived. 

Each contracting Pozuer is en^ 
titled to have access to this reg- 
ister and to be supplied with duly 
certified extracts. 

In faith whereof the plenipo- 
tentiaries have appended their 
signatures to the present Con- 
vention. 

Done at The Hague, the i8th 
October, iQoy, in a single copy, 
which shall remain deposited in 
the archives of the Netherland 
Government, and duly certified 
copies of which shall be sent, 
through the diplomatic channel, 
to the Powers which have been 
invited to the Second Peace 
Conference. 

[Here follow signatures.] 



THE LAWS AND CUSTOMS OF WAR ON LAND 



107 



1899 

Annex to the Convention 

REGULATIONS RESPECTING THE 
LAWS AND CUSTOMS OF WAR ON 
LAND 



1907 

Annex to the Convention 

REGULATIONS RESPECTING THE Regulations. 
LAWS AND CUSTOMS OF WAR ON 
LAND 



Section I. — On Belligerents Section I. — On Belligerents Belligerents. 

Chapter I. — On the Qualifica- Chapter I. — The Qualiftcations Qualifications. 
tions of Belligerents of Belligerents 



Article 1 

The laws, rights, and duties of 
war apply not only to armies, but 
also to militia and volunteer corps, 
fulfilling the following conditions : 

1. To be commanded by a per- 
son responsible for his subordi- 
nates ; 

2. To have a fixed distinctive 
emblem recognizable at a dis- 
tance ; 

3. To carry arms openly; and 

4. To conduct their operations 
in accordance with the laws and 
customs of war. 

In countries where militia or 
volunteer corps constitute the 
army, or form part of it, they are 
included under the denomination 
"army." 

Article 2 

The population of a territory 
which has not been occupied who, 
on the enemy's approach, spon- 
taneously take up arms to resist 
the invading troops without hav- 
ing time to organize themselves 



Article 1 
The laws, rights, and duties of Application of 

° laws of war 

war apply not only to armies, but *" all forces, 
also to militia and volunteer corps 
fulfilling the following conditions : 

1. To be commanded by a per- Description, 
son responsible for his subordi- 
nates ; 

2. To have a fixed distinctive 
emblem recognizable at a dis- 
tance ; 

3. To carry arms openly; and 

4. To conduct their operations 
in accordance with the laws and 
customs of war. 

In countries where militia or Forces included 

in "army." 

volunteer corps constitute the 
army, or form part of it, they are 
included under the denomination 
"army." 

Article 2 

The inhabitants of a territory Unorganized 
which has not been occupied, who, recognized. 
on the approach of the enemy, 
spontaneously take up arms to 
resist the invading troops without 
having had time to organize 



108 



CONVENTIONS II OF 1899 AND IV OF 1907 



1899 1907 

in accordance with Article 1, shall themselves in accordance with 
be regarded as belligerent, if they Article 1, shall be regarded as 
respect the laws and customs of belligerents if they carry arms 
war. openly and if they respect the laws 

and customs of war. 



Combatants and 
non-combatants. 



Article 3 

The armed forces of the bellig- 
erent parties may consist of com- 
batants and non-combatants. In 
case of capture by the enemy both 
have a right to be treated as 
prisoners of war. 



Article 3 

The armed forces of the bellig- 
ent parties may consist of com- 
batants and non-combatants. In 
the case of capture by the enemy, 
both have a right to be treated as 
prisoners of war. 



Prisoners 
of war. 



Responsibility 
of capturing 
Government. 



Treatment. 

Personal 
belongings. 



Chapter II. — On Prisoners of 
War 

Article 4 

Prisoners of war are in the 
power of the hostile Government, 
but not in that of the individuals 
or corps who captured them. 

They must be humanely treated. 

All their personal belongings, 
except arms, horses, and military 
papers remain their property. 



Chapter II. — Prisoners of War 

Article 4 

Prisoners of war are in the 
power of the hostile Government, 
but not of the individuals or corps 
who capture them. 

They must be humanely treated. 
All their personal belongings, 
except arms, horses, and military 
papers, remain their property. 



Article 5 

Confinement. Prisoners of war may be in- 

terned in a town, fortress, camp, 
or any other locality, and bound 
not to go beyond certain fixed 
limits ; but they can only be con- 
fined as an indispensable measure 
of safety. 



Article 5 

Prisoners of war may be in- 
terned in a town, fortress, camp, 
or other place, and bound not to 
go beyond certain fixed limits ; 
but they can not be confined ex- 
cept as an indispensable measure 
of safety and only while the cir- 
cumstances zvhich necessitate the 
measure continue to exist. 



THE LAWS AND CUSTOMS OF WAR ON LAND 



109 



1899 
Article 6 

The State may utilize the labor 
of prisoners of war according to 
their rank and aptitude. Their 
tasks shall not be excessive, and 
shall have nothing to do with the 
military operations. 

Prisoners may be authorized to 
work for the public service, for 
private persons, or on their own 
account. 

Work done for the State shall 
be paid for according to the tariffs 
in force for soldiers of the na- 
tional army employed on similar 
tasks. 

When the work is for other 
branches of the public service or 
for private persons, the conditions 
shall be settled in agreement with 
the military authorities. 

The wages of the prisoners shall 
go towards improving their posi- 
tion, and the balance shall be paid 
them at the time of their release, 
after deducting the cost of their 
maintenance. 



1907 
Article 6 

The State may utilize the la- f;",P'b7™^"* 
bor of prisoners of war accord- 
ing to their rank and aptitude, of- 
ficers excepted. The tasks shall 
not be excessive and shall have 
no connection with the operations 
of the war. 

Prisoners may be authorized 
to work for the public service, for 
private persons, or on their ov^i 
account. 

Work done for the State is paid Payment, 
for at the rates in force for work 
of a similar kind done by soldiers 
of the national army, or, if there 
are none in force, at a rate ac- 
cording to the zvork executed. 

When the work is for other 
branches of the public service or 
for private persons the conditions 
are settled in agreement with the 
militar}' authorities. 

The wages of the prisoners shall ^^^ °* wages. 
go towards improving their posi- 
tion, and the balance shall be paid 
them on their release, after de- 
ducting the cost of their mainte- 
nance. 



Article 7 



Article 7 



The Government into whose The Government into whose Maintenance, 

hands prisoners of war have fallen hands prisoners of war have fallen 

is bound to maintain them. is charged with their mainte- 
nance. 

Failing a special agreement be- In the absence of a special General 

° ^ * ^ treatment. 

tween the belligerents, prisoners agreement between the belliger- 



110 



CONVENTIONS II OF 1899 AND IV OF 1907 



1899 

of war shall be treated as regards 
food, quarters, and clothing, on 
the same footing as the troops of 
the Government which has cap- 
tured them. 



1907 

ents, prisoners of war shall be 
treated as regards board, lodging, 
and clothing on the same footing 
as the troops of the Government 
who captured them. 



Subject to 
military 
laws, etc. 



Insubordination. 



Recaptured 
prisoners. 



Article 8 

Prisoners of war shall be sub- 
ject to the laws, regulations, and 
orders in force in the army of the 
State into whose hands they have 
fallen. Any act of insubordina- 
tion warrants the adoption, as re- 
gards them, of such measures of 
severity as may be necessary. 

Escaped prisoners, recaptured 
before they have succeeded in re- 
joining their army, or before quit- 
ting the territory occupied by the 
army that captured them, are lia- 
ble to disciplinary punishment. 

Prisoners who, after succeeding 
in escaping are again taken pris- 
oners, are not liable to any punish- 
ment for the previous flight. 



Article 8 

Prisoners of war shall be sub- 
ject to the laws, regulations, and 
orders in force in the army of the 
State in whose power they are. 
Any act of insubordination justi- 
fies the adoption towards them of 
such measures of severity as may 
be considered necessary. 

Escaped prisoners who are re- 
taken before being able to rejoin 
their own army or before leaving 
the territory occupied by the 
army which captured them are 
liable to disciplinary punishment. 

Prisoners who, after succeeding 
in escaping, are again taken pris- 
oners, are not liable to any pun- 
ishment on account of the pre- 
vious flight. 



Restrictiona 
for false 
statements. 



Article 9 

Every prisoner of war, if ques- 
tioned, is bound to declare his true 
name and rank, and if he disre- 
gards this rule, he is liable to a 
curtailment of the advantages ac- 
corded to the prisoners of war of 
his class. 



Article 9 

Every prisoner of war is bound 
to give, if he is questioned on the 
subject, his true name and rank, 
and if he infringes this rule, he is 
liable to have the advantages 
given to prisoners of his class cur- 
tailed. 



THE LAWS AND CUSTOMS OF WAR ON LAND 



HI 



1899 
Article 10 

Prisoners of war may be set at 
liberty on parole if the laws of 
their country authorize it, and, in 
such a case, they are bound, on 
their personal honor, scrupulous- 
ly to fulfil, both as regards their 
own Government and the Govern- 
ment by whom they were made 
prisoners, the engagements they 
have contracted. 

In such cases, their own Gov- 
ernment shall not require of nor 
accept from them any service in- 
compatible with the parole given. 



Article 11 



1907 
Article 10 

Prisoners of war may be set at Parole to be 

•' observed. 

liberty on parole if the laws of 
their country allow, and, in such 
cases, they are bound, on their 
personal honor, scrupulously to 
fulfil, both towards their own 
Government and the Govern- 
ment by whom they were made 
prisoners, the engagements they 
have contracted. 

In such cases their own Gov- Recognition of. 
ernment is bound neither to re- 
quire of nor accept from them any 
service incompatible with the 
parole given. 

Article 11 



A prisoner of war can not be A prisoner of war can not be ^H^^^^l^^^^ 

forced to accept his liberty on compelled to accept his liberty 

parole; similarly the hostile Gov- on parole; similarly the hostile 

ernment is not obliged to assent Government is not obliged to ac- 

to the prisoner's request to be set cede to the request of the prisoner 

at liberty on parole. to be set at liberty on parole. 



Article 12 



Article 12 



Any prisoner of war, who is lib- Prisoners of war liberated on ^f°'p^|J'JJ^^ 

erated on parole and recaptured, parole and recaptured bearing 

bearing arms against the Govern- arms against the Government to 

ment to whom he had pledged his whom they had pledged their 

honor, or against the allies of that honor, or against the allies of 

Government, forfeits his right to that Government, forfeit their 

be treated as a prisoner of war, right to be treated as prisoners of 

and can be brought before the war, and can be brought before 

courts. the courts. 



112 



CONVENTIONS II OF 1899 AND IV OF 1907 



Treatment 
of captured 
reporters, 
sutlers, etc. 



1899 
Article 13 

Individuals who follow an army 
without directly belonging to it, 
such as newspaper correspondents 
and reporters, sutlers, contractors, 
who fall into the enemy's hands, 
and whom the latter think fit to 
detain, have a right to be treated 
as prisoners of war, provided they 
can produce a certificate from the 
military authorities of the army 
they were accompanying. 



1907 
Article 13 

Individuals who follow an army 
without directly belonging to it, 
such as newspaper correspondents 
and reporters, sutlers and con- 
tractors, who fall into the enemy's 
hands and whom the latter thinks 
expedient to detain, are entitled 
to be treated as prisoners of war, 
provided they are in possession of 
a certificate from the military 
authorities of the army which 
they were accompanying. 



Bureau of in- 
formation to 
be established. 



Functions. 



Article 14 

A bureau for information rela- 
tive to prisoners of war is insti- 
tuted, on the commencement of 
hostilities, in each of the belliger- 
ent States, and, when necessary, in 
the neutral countries on whose ter- 
ritory belligerents have been re- 
ceived. This bureau is intended to 
answer all inquiries about pris- 
oners of war, and is furnished by 
the various services concerned 
with all the necessary information 
to enable it to keep an individual 
return for each prisoner of war. 
It is kept informed of internments 
and changes, as well as of admis- 
sions into hospital and deaths. 



Article 14 

An inquiry office for prisoners 
of war is instituted on the com- 
mencement of hostilities in each 
of the belligerent States, and, 
when necessary, in neutral coun- 
tries which have received bellig- 
erents in their territory. It is the 
function of this office to reply to 
all inquiries about the prisoners. 
It receives from the various serv- 
ices concerned full information 
respecting internments and trans- 
fers, releases on parole, exchanges, 
escapes, admissions into hospital, 
deaths, as well as other informa- 
tion necessary to enable it to 
make out and keep up to date an 
individual return for each pris- 
oner of war. The ofUce must state 
in this return the regimental num- 
ber, name and surname, age, place 
of origin, rank, unit, wounds, date 



THE LAWS AND CUSTOMS OF WAR ON LAND 



113 



1899 



It is also the duty of the infor- 
mation bureau to receive and col- 
lect all objects of personal use, 
valuables, letters, etc., found on 
the battlefields or left by prisoners 
who have died in hospital or am- 
bulance, and to transmit them to 
those interested. 



1907 

and place of capture, internment, 
wounding, and death, as well as 
any observations of a special char- 
acter. The individual return shall 
be sent to the Government of the 
other belligerent after the con- 
clusion of peace. 

It is likewise the function of the «/">?*. etc. 

of property. 

inquiry office to receive and col- 
lect all objects of personal use, 
valuables, letters, etc., found on 
the field of battle or left by pris- 
oners who have been released on 
parole, or exchanged, or who 
have escaped, or died in hospitals 
or ambulances, and to forward 
them to those concerned. 



Article 15 

Relief societies for prisoners of 
war, which are regularly consti- 
tuted in accordance with the law 
of the country with the object of 
serving as the intermediary for 
charity, shall receive from the bel- 
ligerents for themselves and their 
duly accredited agents every facil- 
ity, within the bounds of military 
requirements and administrative 
regulations, for the effective ac- 
complishment of their humane 
task. Delegates of these societies 
may be admitted to the places of 
internment for the distribution of 
relief, as also to the halting places 
of repatriated prisoners, if fur- 
nished with a personal permit by 
the military authorities, and on 



Article 15 
Relief societies for prisoners of Recognition of 

^ _ relief societies. 

war, which are properly consti- 
tuted in accordance with the laws 
of their country and with the ob- 
ject of serving as the channel for 
charitable effort shall receive from 
the belligerents, for themselves 
and their duly accredited agents 
every facility for the efficient per- 
formance of their humane task 
within the bounds imposed by 
military necessities and adminis- 
trative regulations. Agents of Agents, 
these societies may be admitted to 
the places of internment for the 
purpose of distributing relief, as 
also to the halting places of repa- 
triated prisoners, if furnished with 
a personal permit by the military 



114 



CONVENTIONS II OF 1899 AND IV OF 1907 



1899 1907 

giving an engagement in writing authorities, and on giving an un- 
to comply with all their regnla- dertaking in writing to comply 
tions for order and police. with all measures of order and 

police which the latter may issue. 



Privileges 
allowed. 



Article 16 

The information bureau shall 
have the privilege of free postage. 
Letters, money orders, and valu- 
ables, as well as postal parcels des- 
tined for the prisoners of war or 
dispatched by them, shall be free 
of all postal duties both in the 
countries of origin and destina- 
tion, as well as in those they pass 
through. 

Gifts and relief in kind for pris- 
oners of war shall be admitted free 
of all duties of entry and others, 
as well as of payments for carriage 
by the Government railways. 



Article 16 

Inquiry offices enjoy the privi- 
lege of free postage. Letters, 
money orders, and valuables, as 
well as parcels by post, intended 
for prisoners of war, or dispatched 
by them, shall be exempt from all 
postal duties in the countries of 
origin and destination, as well as 
in the countries they pass through. 

Presents and relief in kind for 
prisoners of war shall be admitted 
free of all import or other duties, 
as well as of payments for carriage 
by the State railways. 



Pay to officers 
taken prisoners. 



Article 17 



Article 17 



Officers taken prisoners may re- Officers taken prisoners shall re- 
ceive, if necessary, the full pay ceive the same rate of pay as 
allowed them in this position by officers of corresponding rank in 
their country's regulations, the the country where they are de- 
amount to be repaid by their Gov- tained, the amount to be ultimate- 
ernment. ly refunded by their own Govern- 
ment. 



Religious liberty. 



Article 18 



Article 18 



Prisoners of war shall enjoy Prisoners of war shall enjoy 
every latitude in the exercise of complete liberty in the exercise of 
their religion, including attend- their religion, including attend- 
ance at their own church services, ance at the services of whatever 
provided only they comply with church they may belong to, on 



THE LAWS AND CUSTOMS OF WAR ON LAND 



115 



1899 

the regulations for order and po- 
lice issued by the military authori- 
ties. 



1907 

the sole condition that they com- 
ply with the measures of order 
and police issued by the military 
authorities. 



Article 19 

The wills of prisoners of war 
are received or drawn up on the 
same conditions as for soldiers of 
the national army. 

The same rules shall be ob- 
served regarding death certificates, 
as well as for the burial of pris- 
oners of war, due regard being 
paid to their grade and rank. 

Article 20 



Article 19 



Wills. 



The wills of prisoners of war 
are received or drawn up in the 
same way as for soldiers of the 
national army. 

The same rules shall be ob- Burials, etc. 
served regarding death certificates 
as well as for the burial of pris- 
oners of war, due regard being 
paid to their grade and rank. 

Article 20 



After the conclusion of peace, After the conclusion of peace, Repatriation. 

the repatriation of prisoners of the repatriation of prisoners of 

war shall take place as speedily as war shall be carried out as quickly 

possible. as possible. 



Chapter III. — On the Sick and 
Wounded 

Article 21 

The obligations of belligerents 
with regard to the sick and 
wounded are governed by the 
Geneva Convention of the 22d 
August, 1864, subject to any mod- 
ifications which may be introduced 
into it. 



Chapter III. — The Sick and Sick and 

wounded. 

Wounded 
Article 21 
The obligations of belligerents Geneva 

° ° Convention 

with regard to the sick and *° govern, 
wounded are governed by the 
Geneva Convention. 



116 



CONVENTIONS II OF 1899 AND IV OF 1907 



Hostilities. 



Means of 
injuring enemy, 
sieges, and 
bombardments. 



Restriction. 



Section II. 



1899 

—On Hostilities 



Chapter I. — On Means of Injur- 
ing the Enemy, Sieges, and 
Bombardments 

Article 22 



1907 
Section II. — Hostilities 

Chapter I. — Means of Injuring 
the Enemy, Sieges, and Bom- 
bardments 

Article 22 



The right of belligerents to The right of belligerents to 

adopt means of injuring the adopt means of injuring the 
enemy is not unlimited. enemy is not unlimited. 



Special _ 
prohibitions. 



Poison. 



Treachery. 



Killing those 
who have 
surrendered. 



Quarter. 



Weapons causing 

unnecessary 

suffering. 



Abuse of flags 
and uniform. 



Unnecessary 
destruction 
or seizure 
of property. 



Article 23 

Besides the prohibitions pro- 
vided by special Conventions, it is 
especially prohibited — 

(a.) To employ poison or pois- 
oned arms ; 

(b.) To kill or wound treach- 
erously individuals belonging to 
the hostile nation or army; 

(c.) To kill or wound an enemy 
who, having laid down arms, or 
having no longer means of de- 
fence, has surrendered at discre- 
tion; 

(d.) To declare that no quarter 
will be given ; 

(e.) To employ arms, projec- 
tiles, or material of a nature to 
cause superfluous injury ; 

(/.) To make improper use of a 
flag of truce, the national flag or 
military ensigns and uniform of 
the enemy, as well as the dis- 
tinctive badges of the Geneva 
Convention ; 

(g.) To destroy or seize the 
enemy's property, unless such de- 



Article 23 

In addition to the prohibitions 
provided by special Conventions, 
it is especially forbidden — 

(a.) To employ poison or pois- 
oned weapons; 

(b.) To kill or wound treach- 
erously individuals belonging to 
the hostile nation or army; 

(c.) To kill or wound an enemy 
who, having laid down his arms, 
or having no longer means of de- 
fence, has surrendered at discre- 
tion ; 

(d.) To declare that no quarter 
will be given; 

(e.) To employ arms, projec- 
tiles, or material calculated to 
cause unnecessary suffering; 

(/.) To make improper use of 
a flag of truce, of the national flag 
or of the military insignia and uni- 
form of the enemy, as well as the 
distinctive badges of the Geneva 
Convention ; 

(g.) To destroy or seize the 
enemy's property, unless such de- 



THE LAWS AND CUSTOMS OF WAR ON LAND 



117 



1899 1907 

struction or seizure be impera- struction or seizure be imperative- 
tively demanded by the necessities ly demanded by the necessities of 
of war. war; 

(h.) To declare abolished, sus- SnL^"'^ 
pended, or inadmissible in a court 
of law the rights and actions of 
the nationals of the hostile party 
A belligerent is likewise for- 
bidden to compel the nationals of o^^co^ntn^- 
the hostile party to take part in 
the operations of war directed 
against their own country, even if 
they were in the belligerent's 
service before the commencement 
of the war. 



Forced service 
against one's 



Article 24 



Article 24 



Ruses of war and the employ- Ruses of war and the employ- i^formytfon 
ment of methods necessary to ob- ment of measures necessary for permitted. 
tain information about the enemy obtaining information about the 
and the country, are considered enemy and the country are con- 
allowable, sidered permissible. 



Article 25 



Article 25 



The attack or bombardment of The attack or bombardment, undefended 

towns, villages, habitations or by whatever means, of towns, vil- *°w"s, etc. 
buildings which are not defended, lages, dwellings, or buildings 
is prohibited. which are undefended is pro- 

hibited. 



Article 26 Article 26 

The commander of an attacking The officer in command of an .y^'^u"'"/ °* . 

" bombardments. 

force, before commencing a bom- attacking force must, before com- 

bardment, except in the case of an mencing a bombardment, except 

assault, should do all he can to in cases of assault, do all in his 

warn the authorities. power to warn the authorities. 



118 



CONVENTIONS II OF 1899 AND IV OF 1907 



1899 

Article 27 

Buildings, etc., In siesfes and bombardments all 

to be spared. ° 

necessary steps should be taken to 
spare as far as possible edifices 
devoted to religion, art, science, 
and charity, hospitals, and places 
where the sick and wounded are 
collected, provided they are not 
used at the same time for military 
purposes. 

Notification of. The besieged should indicate 
these buildings or places by some 
particular and visible signs, which 
should previously be notified to 
the assailants. 



1907 

Article 27 

In sieges and bombardments 
all necessary steps must be taken 
to spare, as far as possible, build- 
ings dedicated to religion, art, 
science, or charitable purposes, 
historic monuments, hospitals, 
and places where the sick and 
wounded are collected, provided 
they are not being used at the 
time for military purposes. 

It is the duty of the besieged to 
indicate the presence of such 
buildings or places by distinctive 
and visible signs, which shall be 
notified to the enemy beforehand. 



Pillage 
prohibited. 



Article 28 



Article 28 



The pillage of a town or place. The pillage of a town or place, 
even when taken by assault, is even when taken by assault, is 
prohibited. prohibited. 



Spies. 



Definitions. 



Chapter II. — On Spies 
Article 29 

An individual can only be con- 
sidered a spy if, acting clandes- 
tinely, or on false pretences, he 
obtains, or seeks to obtain infor- 
mation in the zone of operations 
of a belligerent, with the intention 
of communicating it to the hostile 
party. 

Thus, soldiers not in disguise 
who have penetrated into the zone 
of operations of a hostile army 
to obtain information are not con- 



Chapter II. — Spies 
Article 29 

A person can only be considered 
a spy when, acting clandestinely 
or on false pretences, he obtains 
or endeavors to obtain informa- 
tion in the zone of operations of a 
belligerent, with the intention of 
communicating it to the hostile 
party. 

Thus, soldiers not wearing a 
disguise who have penetrated into 
the zone of operations of the hos- 
tile army, for the purpose of ob- 



THE LAWS AND CUSTOMS OF WAR ON LAND 



119 



1899 
sidered spies. Similarly, the fol- 
lowing are not considered spieo: 
soldiers or civilians, carrying oat 
their mission openly, charged with 
the delivery of despatches destined 
either for their own army or for 
that of the enemy. To this class 
belong likewise individuals sent in 
balloons to deliver despatches, and 
generally to maintain communica- 
tion between the various parts of 
an army or a territory. 



1907 

taining information, are not con- 
sidered spies. Similarly, the fol- 
lowing are not considered spies: 
Soldiers and civilians, carrying 
out their mission openly, in- 
trusted with the delivery of des- 
patches intended either for their 
own army or for the enemy's 
army. To this class belong like- 
wise persons sent in balloons for 
the purpose of carrying des- 
patches and, generally, of main- 
taining communications between 
the different parts of an army or 
a territory. 



Article 30 



Article 30 



A spy taken in the act can not A spy taken in the act shall not Trial required. 
be punished without previous trial, be punished without previous trial. 



Article 31 

A spy who, after rejoining the 
army to which he belongs, is sub- 
sequently captured by the enemy, 
is treated as a prisoner of war, and 
incurs no responsibility for his 
previous acts of espionage. 



Article 31 

A spy who, after rejoining the ^^''''tu^re"*"** 
army to which he belongs, is sub- 
sequently captured by the enemy, 
is treated as a prisoner of war, 
and incurs no responsibility for 
his previous acts of espionage. 



Chapter III. — On Flags of 
Truce 

Article 32 

An individual is considered as 
a parlementaire who is authorized 
by one of the belligerents to en- 
ter into communication with the 
other, and who carries a white 



Chapter III.— Flags of Truce Flags of truce. 



Article 32 

A person is regarded as a parle- 
mentaire who has been author- 
ized by one of the belligerents to 
enter into communication with the 
other, and who advances bearing 



Inviolability 
of bearers. 



120 



CONVENTIONS II OF 1899 AND IV OF 1907 



Reception not 
compulsory. 



1899 

flag. He has a right to inviola- 
bility, as well as the trumpeter, 
bugler, or drummer, the flag- 
bearer, and the interpreter who 
may accompany him. 

Article 33 

The chief to whom a parlemen- 
taire is sent is not obliged to re- 
ceive him in all circumstances. 

He can take all steps necessary 
to prevent the parlementaire tak- 
ing advantage of his mission to 
obtain information. 

In case of abuse, he has the 
right to detain the parlementaire 
temporarily. 



1907 

a white flag. He has a right to 
inviolability, as well as the trum- 
peter , bugler or drummer, the 
flag-bearer and interpreter who 
may accompany him. 

Article 33 

The commander to whom a par- 
lementaire is sent is not in all cases 
obliged to receive him. 

He may take all the necessary 
steps to prevent the parlementaire 
taking advantage of his mission to 
obtain information. 

In case of abuse, he has the 
right to detain the parlementaire 
temporarily. 



Treason of 
parlementaire. 



Article 34 

The parlementaire loses his 
rights of inviolability if it is 
proved beyond doubt that he has 
taken advantage of his privileged 
position to provoke or commit an 
act of treason. 



Article 34 

The parlementaire loses his 
rights of inviolability if it is 
proved in a clear and incontesta- 
ble manner that he has taken ad- 
vantage of his privileged position 
to provoke or commit an act of 
treason. 



Capitulations. 



Military honor 
to be observed. 



Chapter IV. — On Capitulations Chapter IV. — Capitulations 
Article 35 Article 35 



Capitulations agreed on be- 
tween the contracting Parties 
must be in accordance with the 
rules of military honor. 

When once settled, they must 
be scrupulously observed by both 
the parties. 



Capitulations agreed upon be- 
tween the contracting Parties 
must take into account the rules 
of military honor. 

Once settled, they must be 
scrupulously observed by both 
parties. 



THE LAWS AND CUSTOMS OF WAR ON LAND 



121 



1899 
Chapter V. — On Ar misfires 

Article 36 

An armistice suspends military 
operations by mutual agreement 
between the belligerent parties. 
If its duration is not fixed, the 
belligerent parties can resume 
operations at any time, provided 
always the enemy is warned with- 
in the time agreed upon, in ac- 
cordance with the terms of the 
armistice. 



1907 
Chapter V. — Armistices 

Article 36 



Armistices. 



An armistice suspends military Effect, 
operations by mutual agreement 
between the belligerent parties. 
If its duration is not defined, the 
belligerent parties may resume 
operations at any time, provided 
always that the enemy is warned 
within the time agreed upon, in 
accordance with the terms of the 
armistice. 



Article 37 

An armistice may be general or 
local. The first suspends all mili- 
tary operations of the belligerent 
States ; the second, only those 
between certain fractions of the 
belligerent armies and in a fixed 
radius. 



Article 37 

An armistice may be general or General, 
local. The first suspends the 
military operations of the bellig- 
erent States everywhere; the sec- 
ond only between certain frac- 
tions of the belligerent armies and 
within a fixed radius. 



Local. 



Article 38 



Article 38 



An armistice must be notified An armistice must be notified Notification, 

officially, and in good time, to the officially and in good time to the 

competent authorities and the competent authorities and to the 

troops. Hostilities are suspended troops. Hostilities are suspended of^holtiut^s 

immediately after the notification, immediately after the notifica- 

or at a fixed date. tion, or on the date fixed. 



Article 39 



Article 39 



It is for the contracting Parties It rests with the contracting Communication 

"-^ '-' allowed with 

to settle, in the terms of the ar- Parties to settle, in the terms of inhabitants. 

mistice, what communications may the armistice, what communica- 

be held, on the theatre of war, tions may be held in the theatre 



122 



CONVENTIONS II OF 1899 AND IV OF 1907 



1899 
with the population and with each 
other. 



1907 

of war with the inhabitants and 
between the inhabitants of one 
belligerent State and those of the 
other. 



Effect of 
violation 
by Powers. 



Article 40 

Any serious violation of the ar- 
mistice by one of the parties gives 
the other party the right to de- 
nounce it, and even, in case of 
urgency, to recommence hostili- 
ties at once. 



Article 40 

Any serious violation of the 
armistice by one of the parties 
gives the other party the right of 
denouncing it, and even, in cases 
of urgency, of recommencing hos- 
tilities immediately. 



Violation by 
private persons. 



Article 41 

A violation of the terms of the 
armistice by private individuals 
acting on their own initiative, only 
confers the right of demanding 
the punishment of the offenders, 
and, if necessary, indemnity for 
the losses sustained. 



Article 41 

A violation of the terms of the 
armistice by private persons act- 
ing on their own initiative only 
entitles the injured party to de- 
mand the punishment of the 
offenders or, if necessary, com- 
pensation for the losses sustained. 



Military 
authority 
over captured 
territory. 



Actual 
occupation. 



Extent. 



Section III. — On Military Au- 
thority OVER Hostile Terri- 
tory 

Article 42 

Territory is considered occupied 
when it is actually placed under 
the authority of the hostile army. 

The occupation applies only to 
the territory where such authority 
is established, and in a position to 
assert itself. 



Section III. — Military Au- 
thority OVER THE Territory 
OF THE Hostile State 

Article 42 

Territory is considered occupied 
when it is actually placed under 
the authority of the hostile army. 

The occupation extends only to 
the territory where such authority 
has been established and can be 
exercised. 



THE LAWS AND CUSTOMS OF WAR ON LAND 



123 



1899 

Article 43 

The authority of the legitimate 
power having actually passed into 
the hands of the occupant, the lat- 
ter shall take all steps in his power 
to re-establish and insure, as far 
as possible, public order and safe- 
ty, while respecting, unless abso- 
lutely prevented, the laws in force 
in the country. 

Article 44 



1907 

Article 43 

The authority of the legitimate ^/^^'^^5^^*'°° 
power having in fact passed into and safety, 
the hands of the occupant, the 
latter shall take all the measures 
in his power to restore, and en- 
sure, as far as possible, public or- 
der and safety, while respecting, 
unless absolutely prevented, the 
laws in force in the country. 

Article 44^ 



Any compulsion of the popula- A belligerent is forbidden to Ji°tSi.oS'" 
tion of occupied territory to take force the inhabitants of territory 'f^^idden^^ 
part in military operations against occupied by it to furnish informa- 
its own country is prohibited. tion about the army of the other 

belligerent, or about its means of 
defense. 



Article 45 



Article 45 



Any pressure on the population It is forbidden to compel the in- ^P^^'^^^^^^ 

of occupied territory to take the habitants of occupied territory to forbidden. 

oath to the hostile Power is pro- swear allegiance to the hostile 

hibited. Power. 



Article 46 



Article 46 



Family honors and rights, in- Family honor and rights, the ^jjf'^*^^"^ 

dividual lives and private proper- lives of persons, and private prop- be respected, 

ty, as well as religious convictions erty, as well as religious convic- 

and liberty, must be respected. tions and practice, must be re- 
spected. 

Private property can not be con- Private property can not be con- No confiscation, 

fiscated. fiscated. 



Article 47 
Pillage is formally prohibited. 



Article 47 
Pillage is formally forbidden. forbidden. 



iSee the reservntions of various Powers, )}ost, pp. 131, 132. 



124 



CONVENTIONS II OF 1899 AND IV OF 1907 



Collection 
of taxes. 



1899 

Article 48 

If, in the territory occupied, the 
occupant collects the taxes, dues, 
and tolls imposed for the benefit 
of the State, he shall do it, as far 
as possible, in accordance with the 
rules in existence and the assess- 
ment in force, and will in conse- 
quence be bound to defray the 
expenses of the administration of 
the occupied territory on the same 
scale as that by which the legiti- 
mate Government was bound. 



1907 

Article 48 

If, in the territory occupied, the 
occupant collects the taxes, dues, 
and tolls imposed for the benefit 
of the State, he shall do so, as 
far as is possible, in accordance 
with the rules of assessment and 
incidence in force, and shall in 
consequence be bound to defray 
the expenses of the administration 
of the occupied territory to the 
same extent as the legitimate 
Government was so bound. 



Levies for 
military needs 



General penalty 
for acts of 
individuals 
forbidden. 



Article 49 

If, besides the taxes mentioned 
in the preceding article, the occu- 
pant levies other money taxes in 
the occupied territory, this can 
only be for military necessities 
or the administration of such 
territory. 

Article 50 

No general penalty, pecuniary 
or otherwise, can be inflicted on 
the population on account of the 
acts of individuals for which it 
can not be regarded as collectively 
responsible. 



Article 49 

If, in addition to the taxes men- 
tioned in the above article, the 
occupant levies other money con- 
tributions in the occupied terri- 
tory, this shall only be for the 
needs of the army or of the ad- 
ministration of the territory in 
question. 

Article 50 

No general penalty, pecuniary 
or otherwise, shall be inflicted 
upon the population on account of 
the acts of individuals for which 
they can not be regarded as joint- 
ly and severally responsible. 



Collection of 
contributions. 



Article 51 

No tax shall be collected except 
under a written order and on the 
responsibility of a commander-in- 
chief. 



Article 51 

No contribution shall be col- 
lected except under a written 
order, and on the responsibility 
of a commander-in-chief. 



THE LAWS AND CUSTOMS OF WAR ON LAND 



125 



1899 

This collection shall only take 
place, as far as possible, in accord- 
ance with the rules in existence 
and the assessment of taxes in 
force. 

For every payment a receipt 
shall be given to the taxpayer. 



1907 

The collection of the said con- 
tribution shall only be effected as 
far as possible in accordance with 
the rules of assessment and inci- 
dence of the taxes in force. 

For every contribution a re- 
ceipt shall be given to the con- 
tributors. 



Receipts. 



Article 52 

Neither requisitions in kind nor 
services can be demanded from 
communes or inhabitants except 
for the necessities of the army of 
occupation. They must be in pro- 
portion to the resources of the 
country, and of such a nature as 
not to involve the population in 
the obligation of taking part in 
military operations against their 
country. 

These requisitions and services 
shall only be demanded on the au- 
thority of the commander in the 
locality occupied. 

The contributions in kind shall, 
as far as possible, be paid for in 
ready money ; if not, their receipt 
shall be acknowledged. 



Article 53 



Article 52 
Requisitions in kind and serv- Requisitions for 

^ needs of army. 

ices shall not be demanded from 
municipalities or inhabitants ex- 
cept for the needs of the army of 
occupation. They shall be in 
proportion to the resources of the 
country, and of such a nature as 
not to involve the inhabitants in 
the obligation of taking part in 
military operations against their 
own country. 

Such requisitions and services Authority, 
shall only be demanded on the 
authority of the commander in 
the locality occupied. 

Contributions in kind shall as Pay™ent 
far as possible be paid for in cash ; 
if not, a receipt shall be given and 
the payment of the amount due 
shall be made as soon as possible. 

Article 53 



An army of occupation can only An army of occupation can only pui,^]"/^a°sh, 

take possession of the cash, funds, take possession of cash, funds, property, etc. 

and property liable to requisition and realizable securities which are 

belonging strictly to the State, strictly the property of the State, 

depots of arms, means of trans- depots of arms, means of trans- 



126 



CONVENTIONS II OF 1899 AND IV OF 1907 



Telegraphs, 

transportation, 

etc 



1899 

port, stores and supplies, and, 
generally, all movable property of 
the State which may be used for 
military operations. 

Railway plant, land telegraphs, 
telephones, steamers and other 
ships, apart from cases governed 
by maritime law, as well as depots 
of arms and, generally, all kinds 
of munitions of war, even though 
belonging to companies or to pri- 
vate persons, are likewise material 
which may serve for military op- 
erations, but they must be restored 
at the conclusion of peace, and 
indemnities paid for them. 



1907 

port, stores and supplies, and, gen- 
erally, all movable property be- 
longing to the State which may be 
used for military operations. 

All appliances, whether on land, 
at sea, or in the air, adapted for 
the transmission of news, or for 
the transport of persons or things, 
exclusive of cases governed by 
naval law, depots of arms, and, 
generally, all kinds of munitions 
of war, may be seised, even if they 
belong to private individuals, but 
must be restored and compensa- 
tion fixed when peace is made. 



Article 54 



Article 54 



Sufemar^ne The plant of railways coming Submarine cables connecting 

neutral territory, from ueutral States, whether the an occupied territory with a neu- 

property of those States, or of tral territory shall not be seized 

companies, or of private persons, or destroyed except in the case of 

shall be sent back to them as soon absolute necessity. They must 

as possible. likewise be restored and compen- 
sation -fixed when peace is made. 



Administration 
of public prop- 
erty in occu- 
pied territory. 



Article 55 

The occupying State shall only 
be regarded as administrator and 
usufructuary of the public build- 
ings, real property, forests and 
agricultural works belonging to 
the hostile State, and situated in 
the occupied country. It must 
protect the capital of these prop- 
erties, and administer it accord- 
ing to the rules of usufruct. 



Article 55 

The occupying State shall be 
regarded only as administrator 
and usufructuary of public build- 
ings, real estate, forests, and ag- 
ricultural estates belonging to the 
hostile State, and situated in the 
occupied country. It must safe- 
guard the capital of these prop- 
erties, and administer them in 
accordance with the rules of 
usufruct. 



THE LAWS AND CUSTOMS OF WAR ON LAND 



127 



1899 

Article 56 

The property of the communes, 
that of religious, charitable, and 
educational institutions, and those 
of arts and science, even when 
State property, shall be treated as 
private property. 

All seizure of, and destruction, 
or intentional damage done to 
such institutions, to historical 
monuments, works of art or 
science, is prohibited, and should 
be made the subject of pro- 
ceedings. 



1907 
Article 56 

The property of municipalities, ^^^^i'^^}^ '■^■ 
that of institutions dedicated to P'-operty. 
religion, charity and education, 
the arts and sciences, even when 
State property, shall be treated as 
private property. 

All seizure of, destruction or 
wilful damage done to institu- 
tions of this character, historic 
monuments, works of art and 
science, is forbidden, and should 
be made the subject of legal pro- 
ceedings. 



Legal proceed- 
ings for 
seizure, etc. 



Section IV. — On the Intern- 
ment OF Belligerents and 
the Care of the Wounded in 
Neutral Countries^ 

Article 57 

A neutral State which receives 
in its territory troops belonging 
to the belligerent armies shall 
intern them, as far as possible, at 
a distance from the theatre of war. 

It can keep them in camps, and 
even confine them in fortresses or 
locations assigned for this pur- 
pose. 

It shall decide whether officers 
may be left at liberty on giving 
their parole that they will not 



Internment of 
belligerents, and 
care of wounded 
in neutral 
countries. 



Confinement of 
belligerents in 
neutral territory. 



iln 1907 the provisions on this subject, Articles 57, 58, 59 and 60, were trans- 
ferred to the Convention (V) respecting the rights and duties of neutral Pow- 
ers and persons in case of war on land as Articles 11, 12, 14 and 15 thereof (post, 
p. 135). No change was made in their text except the substitution of the word 
"Power" for the word "State" wherever the latter appears in these articles. 



128 



CONVENTIONS 11 OF 1899 AND IV OF 1907 



1899 
leave the neutral territory without 
authorization. 



1907 



Article 58 



Food, clothing, 
etc. 



Failing a special convention, the 
neutral State shall supply the in- 
terned with the food, clothing, and 
relief required by humanity. 

Reimbursements. J^^ ^|^g COUClusion of peaCC, the 

expenses caused by the intern- 
ment shall be made good. 



Transit of 
wounded or 
sick through 
neutral territory. 



Neutral State 
must furnish 
guard. 



Article 59 

A neutral State may authorize 
the passage over its territory 
of wounded or sick belonging to 
the belligerent armies, on condi- 
tion that the trains bringing them 
shall carry neither combatants nor 
war material. In such a case, the 
neutral State is bound to adopt 
such measures of safety and con- 
trol as may be necessary for the 
purpose. 

Wounded and sick brought un- 
der these conditions into neutral 
territory by one of the belliger- 
ents, and belonging to the hostile 
party, must be guarded by the 
neutral State, so as to insure their 
not taking part again in the mili- 
tary operations. The same duty 
shall devolve on the neutral State 
with regard to wounded or sick of 
the other army who may be com- 
mitted to its care. 



THE LAWS AND CUSTOMS OF WAR ON LAND 



129 



1899 
Article 60 

The Geneva Convention applies 
to sick and wounded interned in 
neutral territory. 



1907 



Geneva 

Convention 
applicable. 



RATIFICATIONS, ADHESIONS AND RESERVATIONS 

The 1899 Convention was ratified by all the signatory Powers on 
the dates indicated: 



Austria-Hungary September 4 

Belgium September 4 

Bulgaria September 4 

Denmark September 4 

France September 4 

Germany September 4 

Great Britain September 4 

Greece April 4 

Italy September 4 

Japan October 6 

Luxemburg July 12 

Mexico April 17 

Montenegro October 16 

Netherlands September 4 

Norway July 5 

Persia September 4 

Portugal September 4 

Roumania September 4 

Russia September 4 

Servia May 1 1 

Siam September 4 

Spain September 4 

Sweden July 5 

Turkey June 12 

United States April 9. 



1900 
1900 
1900 
1900 
1900 
1900 
1900 
1901 
1900 
1900 
1901 
1901 
1900 
1900 
1907 
1900 
1900 
1900 
1900 
1901 
1900 
1900 
1907 
1907 
1902 



130 



CONVENTIONS II OF 1899 AND IV OF 1907 



Adhesions: 

Argentine Republic June 17 

Bolivia February 7 

Brazil February 25 

Chile June 19 

China June 12 

Colombia January 30 

Cuba April 17 

Dominican Republic April 13 

Ecuador July 31 

Guatemala May 2 

Haiti May 24 

Honduras August 21 

Korea March 17 

Nicaragua May 17 

Panama July 20 

Paraguay April 12 

Peru November 24 

Salvador June 20 

Switzerland June 20 

Uruguay June 21 

Venezuela March 1 



1907 

1907 

1907 

1907 

1907 

1907 

1907 

1907 

1907 

1906 

1907 

1906 

1903 

1907 

1907 

1907 

1903 

1902 

1907 

1906 

1907 



Reservations: none. 



The 1907 Convention was ratified by the following signatory 
Powers on the dates indicated: 

Austria-Hungary November 27, 1909 

Belgium August 8, 1910 

Bolivia November 27, 1909 

Brazil January 5, 1914 

Cuba February 22, 1912 

Denmark November 27, 1909 

France October 7, 1910 

Germany November 27, 1909 

Great Britain November 27, 1909 

Guatemala March 15, 1911 

Haiti February 2, 1910 



THE LAWS AND CUSTOMS OF WAR ON LAND 



131 



Japan December 13 

Luxemburg September 5 

Mexico November 27 

Netherlands November 27 

Norway September 19 

Panama September 1 1 

Portugal April 13 

Roumania March 1 

Russia November 27 

Salvador November 27 

Siam March 12 

Sweden November 27 

Switzerland May 12 

United States November 27 

Adhesions: 

Liberia February 4 

Nicaragua December 16 



1911 
1912 
1909 
1909 
1910 
1911 
1911 
1912 
1909 
1909 
1910 
1909 
1910 
1909 

1914 
1909 



The following Powers signed the Convention but have not yet 



ratified : 

Argentine Republic 

Bulgaria 

Chile 

Colombia 

Dominican Republic 

Ecuador 

Greece 

Italy 



Montenegro 

Paraguay 

Persia 

Peru 

Servia 

Turkey 

Uruguay 

Venezuela 



Reservations:^ 

Austria-Hungary 

Under reservation of the declaration made in the plenary 
session of the Conference of August 17, 1907.^ 

Extract from the proces-verhal: 

The delegation of Austria-Hungary having accepted the new 
Article 22a,^ on condition that Article 44 of the Convention now 
in force be maintained as it is, can not consent to the Article 44a, 
proposed by the Second Commission.'* 



^All these reservations were made at signature. 

^Reservation maintained at ratification. 

3The proposed Article 22a became the last paragraph of Article 23. 

^Statement of Mr. Merey von Kapos-Mere. Actes et documents, vol. i, p. 86. 



132 CONVENTIONS II OF 1899 AND IV OF 1907 

Germany 

Under reservation of Article 44 of the annexed Regulations.^ 

Japan 

With reservation of Article 44.^ 

Montenegro 

Under the reservations formulated as to Article 44 of the 
Regulations annexed to the present Convention and contained 
in the minutes of the fourth plenary session of August 17, 
1907. 

Extract from the proces-verbal: 

The delegation of Montenegro has the honor to declare that 
having accepted the new Article 22a, proposed by the delegation 
of Germany, in the place of Article 44 of the existing Regulations 
of 1899, it makes reservations on the subject of the new wording 
of the said Article 44a.^ 

Russia 

Under the reservations formulated as to Article 44 of the 
Regulations annexed to the present Convention and contained 
in the minutes of the fourth plenary session of August 17, 
1907.1 

Extract from the proces-verbal: 

The delegation of Russia has the honor to declare that having 
accepted the new Article 22a, proposed by the delegation of 
Germany, in the place of Article 44 of the existing Regulations 
of 1899, it makes reservations on the subject of the new wording 
of the said Article 44o.^ 

Turkey 

Under reservation of Article 3. 



^Reservation maintained at ratification. 

^Statement of Mr. Tcharykow. Actes et documents, vol. i, p. 86. 

^Statement of Mr. Martens. Ibid. 



CONVENTION (V) RESPECTING THE RIGHTS AND DUTIES OF 
NEUTRAL POWERS AND PERSONS IN CASE OF WAR 

ON LAND 

Signed at The Hague, October 18, 1907 

His Majesty the German Emperor, King of Prussia; [etc.] : 
With a view to laying down more clearly the rights and duties convention 
of neutral Powers in case of war on land and regulating the position 
of the belligerents who have taken refuge in neutral territory ; 

Being likewise desirous of defining the meaning of the term "neu- 
tral," pending the possibility of settling, in its entirety, the position 
of neutral individuals in their relations with the belligerents ; 

Have resolved to conclude a Convention to this effect, and have, Plenipotentiaries 
in consequence, appointed the following as their plenipotentiaries : 
[Here follow the names of the plenipotentiaries.] 
Who, after having deposited their full powers, found in good and 
due form, have agreed upon the following provisions : 

Chapter I.— The Rights and Duties of Neutral Powers K^s' oT** 

neutral Powers. 

Article 1 
The territory of neutral Powers is inviolable. hiv"o\a°bie. 

Article 2 

Belligerents are forbidden to move troops or convoys of either bimgerents 
munitions of war or supplies across the territory of a neutral Power. forbidden. 

Article 3 

Belligerents are likewise forbidden to — 

(a) Erect on the territory of a neutral Power a wireless telegraphy ^-reSek- 
station or other apparatus for the purpose of communicating with forbi^dden!°"^ 
belligerent forces on land or sea; 

(b) Use any installation of this kind established by them before the Sj^ltanaUon!^*^^ 



134 



CONVENTION V OF 1907 



Recruiting, etc., 
forbidden. 



Prevention 
by neutrals. 



war on the territory of a neutral Power for purely military purposes, 
and which has not been opened for the service of public messages. 

Article 4 

Corps of combatants can not be formed nor recruiting agencies 
opened on the territory of a neutral Power to assist the belligerents. 

Article 5 

A neutral Power must not allow any of the acts referred to in 
Articles 2 to 4 to occur on its territory. 

It is not called upon to punish acts in violation of its neutrality 
unless the said acts have been committed on its own territory. 



Crossing 
frontier 
to enlist. 



Shipment 
of arms. 



Use of tele- 
graph, etc., 
apparatus. 



Impartial 
treatment of 
belligerents. 



Article 6 

The responsibility of a neutral Power is not engaged by the fact 
of persons crossing the frontier separately to offer their services to 
one of the belligerents. 

Article 7 

A neutral Power is not called upon to prevent the export or trans- 
port, on behalf of one or other of the belligerents, of arms, munitions 
of war, or, in general, of anything which can be of use to an army or 
a fleet. 

Article 8 

A neutral Power is not called upon to forbid or restrict the use 
on behalf of the belligerents of telegraph or telephone cables or of 
wireless telegraphy apparatus belonging to it or to companies or 
private individuals. 

Article 9 

Every measure of restriction or prohibition taken by a neutral 
Power in regard to the matters referred to in Articles 7 and 8 must 
be impartially applied by it to both belligerents. 

A neutral Power must see to the same obligation being observed 
by companies or private individuals owning telegraph or telephone 
cables or wireless telegraphy apparatus. 



NEUTRAL POWERS AND PERSONS IN WAR ON LAND 135 

Article 10 

The fact of a neutral Power resisting, even by force, attempts to ^"]'\''"^s 
violate its neutrality can not be regarded as a hostile act. of neutrality. 

Chapter II. — Belligerents Interned and Wounded Tended in Neutral j^^JI^^"!"" 

Territory territory. 

Article IP 

A neutral Power which receives on its territory troops belonging Par*^f"om" 
to the belligerent armies shall intern them, as far as possible, at a seat of war. 
distance from the theatre of war. 

It may keep them in camps and even confine them in fortresses or ^3^^g''°t" 
in places s^t apart for this purpose. 

It shall decide whether officers can be left at liberty on giving their t^^^fficers. 
parole not to leave the neutral territory without permission. 

Article 12^ 

In the absence of a special convention to the contrary, the neutral foXe'"terned. 
Power shall supply the interned with the food, clothing, and relief 
required by humanity. 

At the conclusion of peace the expenses caused by the internment 
shall be made good. 

Article 13 

A neutral Power which receives escaped prisoners of war shall Escaped 

^ . prisoners 

leave them at liberty. If it allows them to remain in its territory it of war. 
may assign them a place of residence. 

The same rule applies to prisoners of war brought by troops taking 
refuge in the territory of a neutral Power. 

Article 14^ 
A neutral Power mav authorize the passas^e over its territory of Careofsick 

_ , . and wounded. 

the sick and wounded belonging to the belligerent armies, on condi- 
tion that the trains bringing them shall carry neither personnel nor 
war material. In such a case, the neutral Power is bound to take 
whatever measures of safety and control are necessary for the purpose. 



^Articles 11, 12, 14 and 15 are identical in the original French with Articles 57, 
58, 59 and 60 (ante, p. 127) respectively of the 1899 Convention (II) respecting 
the lav^rs and customs of war on land, except for the substitution of "Power" for 
"State." 



136 



CONVENTION V OF 1907 



The sick or wounded brought under these conditions into neutral 
territory by one of the belligerents, and belonging to the hostile party, 
must be guarded by the neutral Power so as to ensure their not taking 
part again in the military operations. The same duty shall devolve 
on the neutral State with regard to wounded or sick of the other 
army who may be committed to its care. 



Application 
or Geneva 
Convention. 



Neutral persons. 



Definition. 



Acts prohibited. 



Article 15^ 

The Geneva Convention applies to sick and wounded interned in 
neutral territory. 

Chapter III. — Neutral Persons 

Article 16^ 

The nationals of a State which is not taking part in the war are 
considered as neutrals. 

Article 17^ 

A neutral can not avail himself of his neutrality — 

(a) If he commits hostile acts against a belligerent; 

(b) If he commits acts in favor of a belligerent, particularly if he 
voluntarily enlists in the ranks of the armed force of one of the 
parties. 

In such a case, the neutral shall not be more severely treated by the 
belligerent as against whom he has abandoned his neutrality than a 
national of the other belligerent State could be for the same act. 



Actsnpt 
prohibited. 



Article 18^ 

The following acts shall not be considered as committed in favor of 
one belligerent in the sense of Article 17, letter (b) : 

(a) Supplies furnished or loans made to one of the belligerents, 
provided that the person who furnishes the supplies or who makes the 
loans lives neither in the territory of the other party nor in the territory 
occupied by him, and that the supplies do not come from these 
territories ; 

(b) Services rendered in matters of police or civil administration. 



lArticles 11, 12, 14 and 15 are identical in the original French with Articles 57, 
58, 59 and 60 (ante, p. 127) respectively of the 1899 Convention (II) respecting 
the laws and customs of war on land, except for the substitution of "Power" for 
"State." 

2Great Britain made reservation of Articles 16, 17 and 18. 



NEUTRAL POWERS AND PERSONS IN WAR ON LAND 137 

Chapter IV. — Raihvay Material ml'teTfai 

Article 19^ 

Railway material coming from the territory of neutral Powers, ^^^^ erents of 
whether it be the property of the said Powers or of companies or "^utrai property, 
private persons, and recognizable as such, shall not be requisitioned 
or utilized by a belligerent except where and to the extent that it is 
absolutely necessary. It shall be sent back as soon as possible to the 
country of origin. 

A neutral Power may likewise, in case of necessity, retain and ^®]fi„°rent 
utilize to an equal extent material coming from the territory of the ^y°^|ut^ais 
belligerent Power. 

Compensation shall be paid by one party or the other in proportion Compensation. 
to the material used, and to the period of usage. 

Chapter V. — Final Provisions 

Article 20 

The provisions of the present Convention do not apply except lowers bound. 
between contracting Powers, and then only if all the belligerents are 
parties to the Convention. 

Article 21 

The present Convention shall be ratified as soon as possible. Ratification. 

The ratifications shall be deposited at The Hague. Them^^e 

The first deposit of ratifications shall be recorded in a proces-verbal 
signed by the representatives of the Powers which take part therein 
and by the Netherland Minister for Foreign Affairs. 

The subsequent deposits of ratifications shall be made by means of 
a written notification, addressed to the Netherland Government and 
accompanied by the instrument of ratification. 

A duly certified copy of the proces-verbal relative to the first deposit fo^Powe1-s.°'"^^ 
of ratifications, of the notifications mentioned in the preceding para- 
graph, and of the instruments of ratification shall be immediately sent 
by the Netherland Government, through the diplomatic channel, to the 
Powers invited to the Second Peace Conference as well as to the other 
Powers which have adhered to the Convention. In the cases contem- 
plated in the preceding paragraph, the said Government shall at the 
same time inform them of the date on which it received the notification. 



^The Argentine Republic made reservation of Article 19. 



138 



CONVENTION V OF 1907 



Adherence of 
non-signatory 
Powers. 

Notification 
of intent. 



Communication 
to other Powers. 



Article 22 

Non-signatory Powers may adhere to the present Convention. 

The Power which desires to adhere notifies its intention in writing 
to the Netherland Government, forwarding to it the act of adhesion, 
which shall be deposited in the archives of the said Government. 

This Government shall immediately forward to all the other Powers 
a duly certified copy of the notification as well as of the act of adhe- 
sion, mentioning the date on which it received the notification. 



Effect of 
ratification. 



Article 2Z 

The present Convention shall come into force, in the case of the 
Powers which were a party to the first deposit of ratifications, sixty 
days after the date of the proces-verbal of this deposit, and, in the 
case of the Powers which ratify subsequently or which adhere, sixty 
days after the notification of their ratification or of their adhesion has 
been received by the Netherland Government. 



Denunciation. 



Notifying 
Power only 
affected. 



Register of 
ratifications. 



Signing. 



Article 24 

In the event of one of the contracting Powers wishing to denounce 
the present Convention, the denunciation shall be notified in writing 
to the Netherland Government, which shall immediately communicate 
a duly certified copy of the notification to all the other Powers, inform- 
ing them at the same time of the date on which it was received. 

The denunciation shall only have efifect in regard to the notifying 
Power, and one year after the notification has reached the Netherland 
Government. 

Article 25 

A register kept by the Netherland Ministry of Foreign Afifairs shall 
give the date of the deposit of ratifications made in virtue of Article 
21, paragraphs 3 and 4, as well as the date on which the notifications 
of adhesion (Article 22, paragraph 2) or of denunciation (Article 24, 
paragraph 1) have been received. 

Each contracting Power is entitled to have access to this register 
and to be supplied with duly certified extracts from it. 

In faith whereof the plenipotentiaries have appended their signa- 
tures to the present Convention. 



NEUTRAL POWERS AND PERSONS IN WAR ON LAND 139 



Done at The Hague, the 18th October, 1907, in a single copy, which 
shall remain deposited in the archives of the Netherland Govern- 
ment, and duly certified copies of which shall be sent, through the 
diplomatic channel, to the Powers which have been invited to the 
Second Peace Conference. 

[Here follow signatures.] 



Deposit 
of original. 



RATIFICATIONS, ADHESIONS AND RESERVATIONS 

The foregoing Convention was ratified by the following signatory 
Powers on the dates indicated : 

Austria-Hungary November 27, 



Belgium August 8 

Bolivia November 27 

Brazil January 5 

Cuba February 22 

Denmark November 27 

France October 7 

Germany November 27 

Guatemala March 15 

Haiti February 2 

Japan December 13 

Luxemburg September 5 

Mexico November 27 

Netherlands November 27 

Norway September 19 

Panama September 11 

Portugal April 13 

Roumania March 1 

Russia November 27 

Salvador November 27 

Siam March 12 

Spain March 18 

Sweden November 27 

Switzerland May 12 

United States November 27 



1909 
1910 
1909 
1914 
1912 
1909 
1910 
1909 
1911 
1910 
1911 
1912 
1909 
1909 
1910 
1911 
1911 
1912 
1909 
1909 
1910 
1913 
1909 
1910 
1909 



140 CONVENTION V OF 1907 

Adhesions: 

China January 15, 1910 

Liberia February 4, 1914 

Nicaragua December 16, 1909 

The following Powers signed the Convention but have not yet 
ratified : 

Argentine Republic Montenegro 

Bulgaria Paraguay 

Chile Persia 

Colombia Peru 

Dominican Republic Servia 

Ecuador Turkey 

Great Britain Uruguay 

Greece Venezuela 
Italy 

Reservations:^ 

Argentine Republic 

The Argentine Republic makes reservation of Article 19. 

Great Britain 

Under reservation of Articles 16, 17 and 18. 



^These reservations were made at signature. 



CONVENTION (VI) RELATING TO THE STATUS OF ENEMY MERCHANT 
SHiPS AT THE OUTBREAK OF HOSTILITIES 

Signed at The Hague, October 18, 1907 

His Majesty the German Emperor, King of Prussia; [etc.] : 

Anxious to ensure the security of international commerce against the Purpose of 

. . ° Convention. 

surprises of war, and wishmg, m accordance with modern practice, to 
protect as far as possible operations undertaken in good faith and in 
process of being carried out before the outbreak of hostilities, have 
resolved to conclude a Convention to this effect, and have appointed 
the following persons as their plenipotentiaries : Pienipotentiariss. 

[Here follow the names of plenipotentiaries.] 

Who, after having deposited their full powers, found in good and 
due form, have agreed upon the following provisions : 

Article 1 
When a merchant ship belonging to one of the belligerent Powers is Belligerent 

, -,.,... . . merchant ships 

at the commencement of hostilities in an enemy port, it is desirable that »" enemy 
it should be allowed to depart freely, either immediately, or after a rea- commencement 

t-1 -Li-i r ii-i-i- of hostilities 

sonable number of days of grace, and to proceed, after being furnished may depart 

freely, 

with a pass, direct to its port of destination or any other port indicated. 
The same rule should apply in the case of a ship which has left its 
last port of departure before the commencement of the war and entered 
a port belonging to the enemy while still ignorant that hostilities had 
broken out. 

Article 2 

A merchant ship unable, owing to circumstances of force majeure, May not be 

,, ^, .,., ., 1 , • , , confiscated. 

to leave the enemy port within the period contemplated in the above 
article, or which was not allowed to leave, can not be confiscated. 

The belligerent may only detain it, without payment of compensation, May be 
but subject to the obligation of restoring it after the war, or requisition requisftion'ed. 
it on pajTnent of compensation. 



142 



CONVENTION VI OF 1907 



Enemy 

merchant ships 
on high seas. 



Liable to 
detention, 
requisition 
or demolition. 



Article 3^ 

Enemy merchant ships which left their last port of departure before 
the commencement of the war, and are encountered on the high seas 
while still ignorant of the outbreak of hostilities can not be confiscated. 
They are only liable to detention on the understanding that they shall 
be restored after the war without compensation, or to be requisitioned, 
or even destroyed, on payment of compensation, but in such cases pro- 
vision must be made for the safety of the persons on board as well as 
the security of the ship's papers. 

After touching at a port in their own country or at a neutral port, 
these ships are subject to the laws and customs of maritime war. 

Article 4 

Enemy cargo on board the vessels referred to in Articles 1 and 2 is 
likewise liable to be detained and restored after the termination of the 
war without payment of compensation, or to be requisitioned on pay- 
ment of compensation, with or without the ship. 

The same rule applies in the case of cargo on board the vessels re- 
ferred to in Article 3.^ 

Article 5 

Merchant ships 'pjjg present Convention does not affect merchant ships whose build 

intended for t^ '■ 

conversion shows that they are intended for conversion into war-ships. 

into war-ships. ^ J r 



Subject to 
laws and 
customs of 
maritime war. 



Enemy cargo. 



Powers bound 



Ratifications. 

Deposit at 
The Hague. 



Article 6 

The provisions of the present Convention do not apply except be- 
tween contracting Powers, and then only if all the belligerents are 
parties to the Convention. 

Article 7 

The present Convention shall be ratified as soon as possible. 

The ratifications shall be deposited at The Hague. 

The first deposit of ratifications shall be recorded in a procks-verhal 
signed by the representatives of the Powers which take part therein 
and by the Netherland Minister for Foreign Affairs. 

The subsequent deposits of ratifications shall be made by means of a 



ipor reservations of Germany and Russia, see p. 145. 



ENEMY MERCHANT SHIPS AT OUTBREAK OF HOSTILITIES 143 

written notification addressed to the Netherland Government and ac- 
companied by the instnmient of ratification. 

A duly certified copy of the proccs-verbal relative to the first deposit ^"^Po^wers"'"** 
of ratifications, of the notifications mentioned in the preceding para- 
graph, as well as of the instruments of ratification, shall be at once sent 
by the Netherland Government, through the diplomatic channel, to the 
Powers invited to the Second Peace Conference, as well as to the other 
Powers which have adhered to the Convention. In the cases contem- 
plated in the preceding paragraph, the said Government shall at the 
same time inform them of the date on which it received the notification. 

Article 8 

Non-signatory Powers may adhere to the present Convention. Powifrf"^*°'^^ 

The Power which desires to adhere notifies in writing its intention may adhere. 
to the Netherland Government, forwarding to it the act of adhesion, 
which shall be deposited in the archives of the said Government. 

The said Government shall at once transmit to all the other Powers Notification to 

other Powers. 

a duly certified copy of the notification as well as of the act of adhesion, 
stating the date on which it received the notification. 

Article 9 

The present Convention shall come into force, in the case of the Effect of 

... ratification. 

Powers which were a party to the first deposit of ratifications, sixty 
days after the date of the proces-verhal of that deposit, and, in the case 
of the Powers which ratify subsequently or which adhere, sixty days 
after the notification of their ratification or of their adhesion has been 
received by the Netherland Government. 

Article 10 

In the event of one of the contracting Powers wishing to denounce Denunciation. 
the present Convention, the denunciation shall be notified in writing to 
the Netherland Government, which shall at once communicate a certi- 
fied copy of the notification to all the other Powers, informing them of 
the date on which it was received. 

The denunciation shall only have effect in regard to the notifying 
Power, and one year after the notification has reached the Netherland 
Government. 



144 



CONVENTION VI OF 1907 



Register of 
ratifications. 



Signing. 



Deposit of 
original. 



Article 11 

A register kept by the Ministry of Foreign Affairs shall give the date 
of the deposit of ratifications made in virtue of Article 7, paragraphs 
3 and 4, as well as the date on which the notifications of adhesion (Ar- 
ticle 8, paragraph 2) or of denunciation (Article 10, paragraph 1) 
have been received. 

Each contracting Power is entitled to have access to this register and 
to be supplied with certified extracts from it. 

In faith whereof the plenipotentiaries have appended to the present 
Convention their signatures. 

Done at The Hague, the 18th October, 1907, in a single copy, which 
shall remain deposited in the archives of the Netherland Government, 
and duly certified copies of which shall be sent through the diplomatic 
channel, to the Powers which have been invited to the Second Peace 
Conference. 

[Here follow signatures.] 



RATIFICATIONS, ADHESIONS AND RESERVATIONS 

The foregoing Convention was ratified by the following signatory 
Powers on the dates indicated: 

Austria-Hungary November 27, 

Belgium August 8, 



Brazil January 5 

Cuba February 22 

Denmark November 27 

France October 7 

Germany November 27 

Great Britain November 27 

Guatemala March 15 

Haiti February 2 

Japan December 13 

Luxemburg September 5 

Mexico November 27 

Netherlands November 27 

Norway September 19 

Panama September 1 1 

Portugal April 13 



1909 
1910 
1914 
1912 
1909 
1910 
1909 
1909 
1911 
1910 
1911 
1912 
1909 
1909 
1910 
1911 
1911 



ENEMY MERCHANT SHIPS AT OUTBREAK OF HOSTILITIES 145 

Roumania March 1, 1912 

n-issia November 27, 1909 

Salvador November 27, 1909 

Siam March 12, 1910 

Spain March 18, 1913 

Sweden November 27, 1909 

Switzerland May 12, 1910 

Adhesions: 

Liberia February 4, 1914 

Nicaragua December 16, 1909 

The following Powers signed the Convention but have not yet 
ratified : 

Argentine Republic Montenegro 

Bolivia Paraguay 

Bulgaria Persia 

Chile Peru 

Colombia Servia 

Dominican Republic Turkey 

Ecuador Uruguay 

Greece Venezuela 
Italy 

Reservations:^ 

Germany 

Under reservation of Article 3 and of Article 4, para- 
graph 2.^ 

Russia 

Under the reservations made as to Article 3 and Article 4, 
paragraph 2, of the present Convention, and recorded in the 
minutes of the seventh plenary session of September 27, 1907.' 



^These reservations were made at signature and maintained at ratification. 

2The German and Russian delegations considered that these provisions es- 
tablished an inequality between States in imposing financial burdens on those 
Powers which, lacking naval stations in different parts of the world, are not in a 
position to take vessels which they have seized into a port, but find themselves 
compelled to destroy them. Actes et documents, vol. i, p. 236; vol. iii, p. 918. 



CONVENTION (VII) RELATING TO THE CONVERSION OF MERCHANT 

SHIPS INTO WAR-SHIPS 

Signed at The Hague, October 18, 1907 



Purpose of 
Convention. 



Plenipotentiaries. 



His Majesty the German Emperor, King of Prussia; [etc.] : 

Whereas it is desirable, in view of the incorporation in time of war 
of merchant ships in the fighting fleet, to define the conditions subject 
to which this operation may be effected ; 

Whereas, however, the contracting Powers have been unable to come 
to an agreement on the question whether the conversion of a merchant 
ship into a war-ship may take place upon the high seas, it is under- 
stood that the question of the place where such conversion is effected 
remains outside the scope of this agreement and is in no way affected 
by the following rules; 

Being desirous of concluding a Convention to this effect, have ap- 
pointed the following as their plenipotentiaries: 

[Here follow the names of plenipotentiaries.] 

Who, after having deposited their full powers, found in good and 
due form, have agreed upon the following provisions : 



Converted 
merchant ships 
to be undei 
State control. 



Article 1 

A merchant ship converted into a war-ship can not have the rights 
and duties accruing to such vessels unless it is placed under the direct 
authority, immediate control, and responsibility of the Power whose 
flag it flies. 

Article 2 

dis"tingufs'hing Merchant ships converted into war-ships must bear the external 

marks. marks which distinguish the war-ships of their nationality. 



Commander 
must be duly 
commissioned. 



Article 3 

The commander must be in the service of the State and duly com- 
missioned by the competent authorities. His name must figure on the 
list of the officers of the fighting fleet. 



CONVERSION OF MERCHANT SHIPS INTO WAR-SHIPS 147 

Article 4 
The crew must be subject to military discipline. tomTiftary^'^' 

(li'-ciriline. 

Article 5 

Every merchant ship converted into a war-ship must observe in its ^^^3°^ cu7-^ 
operations the laws and customs of war. *°™^ *^^ '^^'■• 

Article 6 

A belligerent who converts a merchant ship into a war-ship must, as ^°"t^be'°" 
soon as possible, announce such conversion in the list of war-ships. announced. 



Powers bound. 



Article 7 

The provisions of the present Convention do not apply except be- 
tween contracting Powers, and then only if all the belligerents are 
parties to the Convention. 

Article 8 

The present Convention shall be ratified as soon as possible. Ratification. 

The ratifications shall be deposited at The Hague. The Hagu'e. 

The first deposit of ratifications shall be recorded in a proces-verhal 
signed by the representatives of the Powers who take part therein and 
by the Netherland Minister for Foreign Aflfairs. 

The subsequent deposits of ratifications shall be made by means of 
a written notification, addressed to the Netherland Government and ac- 
companied by the instrument of ratification. 

A duly certified copy of the proces-verhal relative to the first deposit {JSerl!"''^^ 
of ratifications, of the notifications mentioned in the preceding para- 
graph, as well as of the instruments of ratification, shall be at once 
sent by the Netherland Government, through the diplomatic channel, 
to the Powers invited to the Second Peace Conference, as well as to 
the other Powers which have adhered to the Convention. In the cases 
contemplated in the preceding paragraph the said Government shall 
at the same time inform them of the date on which it received the 
notification. 

Article 9 

Non-signatory Powers may adhere to the present Convention. Non-signatory 

The Power which desires to adhere notifies its intention in writing may adhere. 



148 



CONVENTION VII OF 1907 



Notification to 
other Powers. 



to the Netherland Government, forwarding to it the act of adhesion, 
which shall be deposited in the archives of the said Government. 

That Government shall at once transmit to all the other Powers a 
duly certified copy of the notification as well as of the act of adhesion, 
stating the date on which it received the notification. 



Effect of 
Convention. 



Article 10 

The present Convention shall come into force, in the case of the 
Powers which were a party to the first deposit of ratifications, sixty 
days after the date of the proces-verhal of this deposit, and, in the case 
of the Powers which ratify subsequently or which adhere, sixty days 
after the notification of their ratification or of their adhesion has been 
received by the Netherland Government. 



Denunciation. 



Register of 
ratifications. 



Signing. 



Deposit of 
original. 



Article 11 

In the event of one of the contracting Powers wishing to denounce 
the present Convention, the denunciation shall be notified in writing to 
the Netherland Government, which shall at once communicate a duly 
certified copy of the notification to all the other Powers, informing 
them of the date on which it was received. 

The denunciation shall only have effect in regard to the notifying 
Power, and one year after the notification has reached the Netherland 
Government. 

Article 12 

A register kept by the Netherland Ministry for Foreign Affairs shall 
give the date of the deposit of ratifications made in virtue of Article 8, 
paragraphs 3 and 4, as well as the date on which the notifications of 
adhesion (Article 9, paragraph 2) or of denunciation (Article 11, para- 
graph 1) have been received. 

Each contracting Power is entitled to have access to this register 
and to be supplied with duly certified extracts from it. 

In faith whereof the plenipotentiaries have appended their signa- 
tures to the present Convention. 

Done at The Hague, the 18th October, 1907, in a single copy, which 
shall remain deposited in the archives of the Netherland Government, 
and duly certified copies of which shall be sent, through the diplomatic 
channel, to the Powers which have been invited to the Second Peace 
Conference. 

[Here follow signatures.] 



CONVERSION OF MERCHANT SHIPS INTO WAR-SHIPS 149 
RATIFICATIONS, ADHESIONS AND RESERVATIONS 

The foregoing Convention was ratified by the following signatory 
Powers on the dates indicated : 

Austria-Hungary November 27, 1909 

Belgium August 8, 1910 

Brazil January 5, 1914 

Denmark November 27, 1909 

France October 7, 1910 

Germany November 27, 1909 

Great Britain November 27, 1909 

Guatemala March 15, 1911 

Haiti February 2, 1910 

Japan December 13, 1911 

Luxemburg ' September 5, 1912 

Mexico November 27, 1909 

Netherlands November 27, 1909 

Norway September 19, 1910 

Panama September 11, 191 1 

Portugal April 13, 1911 

Roumania March 1, 1912 

Russia November 27, 1909 

Salvador November 27, 1909 

Siam March 12, 1910 

Spain March 18, 1913 

Sweden November 27, 1909 

Switzerland May 12, 1910 

Adhesions: 

Liberia February 4, 1914 

Nicaragua December 16, 1909 

The following Powers signed the Convention but have not yet 
ratified : 

Argentine Republic Italy 

Bolivia Montenegro 

Bulgaria Paraguay 

Chile Persia 

Colombia Peru 

Cuba Servia 

Ecuador Turkey 

Greece Venezuela 



150 CONVENTION VII OF 1907 

Reservation:^ 

Turkey 

Under reservation of the declaration made at the eighth 
plenary session of the Conference of October 9, 1907. 

Extract from the proces-verbal: 

The Imperial Ottoman Government does not engage to recog- 
nize as vessels of war, ships which, being in its waters or on the 
high seas under a merchant flag, are converted on the opening of 
hostilities.2 



iThis reservation was made at signature 
'Actes et documents, vol. i, p. 277. 



CONVENTION (VIII) RELATIVE TO THE LAYING OF AUTOMATIC 
SUBMARINE CONTACT MINES 

Signed at The Hague, October 18, 1907 

His Majesty the German Emperor, King of Prussia; [etc.] : 

Inspired by the principle of the freedom of sea routes, the com- Purposeof 

•' *• . Convention. 

mon highway of all nations; 

Seeing that, although the existing position of affairs makes it 
impossible to forbid the employment of automatic submarine contact 
mines, it is nevertheless desirable to restrict and regulate their em- 
ployment in order to mitigate the severity of war and to ensure, as 
far as possible, to peaceful navigation the security to which it is 
entitled, despite the existence of war ; 

Until such time as it is found possible to formulate rules on the 
subject which shall ensure to the interests involved all the guarantees 
desirable ; 

Have resolved to conclude a Convention for this purpose, and 
have appointed the following as their plenipotentiaries : 

[Here follow the names of plenipotentiaries.] 

Who, after having deposited their full powers, found in good and 
due form, have agreed upon the following provisions : 

Article 1 

It is forbidden — Prohibitions. 

1. To lay unanchored automatic contact mines, except when they Unanchored 

■^ '■ -^ automatic 

are so constructed as to become harmless one hour at most after the contact mines. 
person who laid them ceases to control them ;^ 

2. To lay anchored automatic contact mines which do not become Anchored 

contact mines. 

harmless as soon as they have broken loose from their moormgs ; 

3. To use torpedoes which do not become harmless when they have Torpedoes, 
missed their mark. 

Article 2^ 

It is forbidden to lav automatic contact mines off the coast and Mines to inter- 
cept commercial 

ports of the enemy, with the sole object of intercepting commercial shipping, 
shipping. 



iThe Dominican Republic and Siam signed under reservation of this paragraph. 
See also the general reservation of Turkey, post, p. 156. 
^France and Germany signed under reservation of Article 2. 



152 



CONVENTION VIII OF 1907 



Protection of 
peaceful shipping. 

Notice of 
danger zones. 



Article 3 

When anchored automatic contact mines are employed, every pos- 
sible precaution must be taken for the security of peaceful shipping. 

The belligerents undertake to do their utmost to render these mines 
harmless within a limited time, and, should they cease to be under 
surveillance, to notify the danger zones as soon as miHtary exigencies 
permit, by a notice addressed to ship owners, which must also be 
communicated to the Governments through the diplomatic channel. 



Mines laid by 
neutral Powers. 



Removal at 
close of war. 



Notification 
of position. 



Adoption of 
perfected mines. 



Powers bound. 



Article 4 

Neutral Powers which lay automatic contact mines off their coasts 
must observe the same rules and take the same precautions as are 
imposed on belligerents. 

The neutral Power must inform ship owners, by a notice issued in 
advance, where automatic contact mines have been laid. This notice 
must be communicated at once to the Governments through the dip- 
lomatic channel. 

Article 5 

At the close of the war, the contracting Powers undertake to do 
their utmost to remove the mines which they have laid, each Power 
removing its own mines. 

As regards anchored automatic contact mines laid by one of the 
belligerents off the coast of the other, their position must be notified 
to the other party by the Power which laid them, and each Power 
must proceed with the least possible delay to remove the mines in 
its own waters. 

Article 6^ 

The contracting Powers which do not at present own perfected 
mines of the pattern contemplated in the present Convention, and 
which, consequently, could not at present carry out the rules laid 
down in Articles 1 and 3, undertake to convert the materiel of their 
mines as soon as possible, so as to bring it into conformity with the 
foregoing requirements. 

Article 7 

The provisions of the present Convention do not apply except 
between contracting Powers, and then only if all the belligerents 
are parties to the Convention. 



T^See the declaration of Turkey, post, p. 156. 



AUTOMATIC SUBMARINE CONTACT MINES 



153 



Article 8 



The present Convention shall be ratified as soon as possible. 

The ratifications shall be deposited at The Hague. 

The first deposit of ratifications shall be recorded in a proces-verbal 
signed by the representatives of the Powers which take part therein 
and by the Netherland Minister for Foreign AfiFairs. 

The subsequent deposits of ratifications shall be made by means of 
a written notification addressed to the Netherland Government and 
accompanied by the instrument of ratification. 

A duly certified copy of the proces-verbal relative to the first 
deposit of ratifications, of the notifications mentioned in the preced- 
ing paragraph, as well as of the instruments of ratification, shall be 
at once sent, by the Netherland Government, through the diplomatic 
channel, to the Powers invited to the Second Peace Conference, as 
well as to the other Powers which have adhered to the Convention. 
In the cases contemplated in the preceding paragraph, the said Gov- 
ernment shall inform them at the same time of the date on which it 
has received the notification. 



Ratification. 

Deposit at 
The Hague. 



Certified copies 
to Powers. 



Article 9 
Non-signatory Powers may adhere to the present Convention. Adherence of 

•-' -' -' '^ non-signatory 

The Power which desires to adhere notifies in writing its intention Powers, 
to the Netherland Government, transmitting to it the act of adhesion, 
which shall be deposited in the archives of the said Government. 

This Government shall at once transmit to all the other Powers a 
duly certified copy of the notification as well as of the act of adhesion, 
stating the date on which it received the notification. 



Notification 
of intent. 



Communication 
to other Powers. 



Article 10 

The present Convention shall come into force, in the case of the 
Powers which were a party to the first deposit of ratifications, sixty 
days after the date of the proces-verbal of this deposit, and, in the 
case of the Powers which ratify subsequently or adhere, sixty days 
after the notification of their ratification or of their adhesion has been 
received by the Netherland Government. 



Effect of 
ratification. 



154 



CONVENTION VIII OF 1907 



Duration. 



Denunciation. 



Notifying 

Power 

only affected. 



Reopening 
question. 



New Convention. 



Article 11 

The present Convention shall remain in force for seven years, 
dating from the sixtieth day after the date of the first deposit of 
ratifications. 

Unless denounced, it shall continue in force after the expiration of 
this period. 

The denunciation shall be notified in writing to the Netherland 
Government, which shall at once communicate a duly certified copy 
of the notification to all the Powers, informing them of the date on 
which it was received. 

The denunciation shall only have effect in regard to the notifying 
Power, and six months after the notification has reached the Nether- 
land Government. 

Article 12 

The contracting Powers undertake to reopen the question of the 
employment of automatic contact mines six months before the expira- 
tion of the period contemplated in the first paragraph of the pre- 
ceding article, in the event of the question not having been already 
reopened and settled by the Third Peace Conference. 

If the contracting Powers conclude a fresh Convention relative 
to the employment of mines, the present Convention shall cease to 
be applicable from the moment it comes into force. 



Register of 
ratifications. 



Signing. 



Deposit 
of original. 



Article 13 

A register kept by the Netherland Ministry for Foreign Affairs 
shall give the date of the deposit of ratifications made in virtue of 
Article 8, paragraphs 3 and 4, as well as the date on which the noti- 
fications of adhesion (Article 9, paragraph 2) or of denunciation 
(Article 11, paragraph 3) have been received. 

Each contracting Power is entitled to have access to this register 
and to be supplied with duly certified extracts from it. 

In faith whereof the plenipotentiaries have appended their signa- 
tures to the present Convention. 

Done at The Hague, the 18th October, 1907, in a single copy, 
which shall remain deposited in the archives of the Netherland Gov- 
ernment, and duly certified copies of which shall be sent, through the 
diplomatic channel, to the Powers which have been invited to the 
Second Peace Conference. 

[Here follow signatures.] 



AUTOMATIC SUBMARINE CONTACT MINES 



155 



RATIFICATIONS. ADHESIONS AND RESERVATIONS 

The foregoing Convention was ratified by the following 
Powers on the dates indicated: 

Austria-Hungary November 27 

Belgium August 8 

Brazil January 5 

Denmark November 27 

France October 7 

Gennany November 27 

Great Britain November 27 

Guatemala March 15 

Haiti February 2 

Japan December 13 

Luxemburg September 5 

Mexico November 27 

Netherlands November 27 

Norway September 19 

Panama September 1 1 

Roumania March 1 

Salvador November 27 

Siam . . . . o March 12 

Switzerland May 12 

United States November 27 



signatory 

1909 

1910 

1914 

1909 

1910 

1909 

1909 

1911 

1910 

1911 

1912 

1909 

1909 

1910 

1911 

1912 

1909 

1910 

1910 

1909 



Adhesions: 

Liberia February 4, 1914 

Nicaragua December 16, 1909 



The following Powers 


signed the 


Convention but h 


ratified : 






Argentine Republic 




Italy 


Bolivia 




Paraguay 


Bulgaria 




Persia 


Chile 




Peru 


Colombia 




Servia 


Cuba 




Turkey 


Dominican Republic 




Uruguay 


Ecuador 




Venezuela 


Greece 







have not yet 



156 CONVENTION VIII OF 1907 

Reservations:^ 

Dominican Republic 

With reservation as to the first paragraph of Article 1. 

France 

Under reservation of Article 2.- 

Germany 

Under reservation of Article 2.^ 

Great Britain 

Under reservation of the following declaration : 

In affixing their signatures to the above Convention the British 
plenipotentiaries declare that the mere fact that this Convention does 
not prohibit a particular act or proceeding must not be held to debar 
His Britannic Majesty's Government from contesting its legitimacy.^ 

Siam 

Under reservation of Article 1, paragraph 1.^ 

Turkey 

Under reservation of the declarations recorded in the proces- 

verhal of the eighth plenary session of the Conference held on 

October 9, 1907. 

Extract from the proces-verhal: 

The Imperial Ottoman delegation can not at the present time 
undertake any engagement whatever for perfected systems which 
are not yet universally known. * * * The Imperial Ottoman 
delegation believes that it should declare that, given the exceptional 
situation created by treaties in force at the straits of the Dar- 
danelles and the Bosphorus, straits which are an integral part of 
the territory, the Imperial Government could not in any way sub- 
scribe to any undertaking tending to limit the means of defense 
that it may deem necessary to employ for these straits in case of 
war or with the aim of causing its neutrality to be respected. * * * 
The Imperial Ottoman delegation can not at the present time take 
part in any engagement as regards the conversion mentioned in 
Article 6.3 



^All these reservations were made at signature. 

^Reservation maintained at ratification. 

^Statement of Turkhan Pasha. Actes et documents, vol. i. p. 280. 



CONVENTION (IX) CONCERNING BOMBARDMENT BY NAVAL FORCES 

IN TIME OF WAR 

Signed at The Hague, October 18, 1907 

His Majesty the German Emperor, King of Prussia ; [etc.] : 

Animated by the desire to realize the wish expressed by the First convention. 
Peace Conference respecting the bombardment by naval forces of un- 
defended ports, towns, and villages ; ' 

Whereas it is expedient that bombardments by naval forces should 
be subject to rules of general application which would safeguard the 
rights of the inhabitants and assure the preservation of the more 
important buildings, by applying as far as possible to this operation 
of war the principles of the Regulation of 1899 respecting the laws 
and customs of land war ; 

Actuated, accordingly, by the desire to serve the interests of human- 
ity and to diminish the severity and disasters of war ; 

Have resolved to conclude a Convention to this effect, and have, for 
this purpose, appointed the following as their plenipotentiaries: 

[Here follow the names of the plenipotentiaries.] 

Who, after depositing their full powers, found in good and due 
form, have agreed upon the following provisions : 

Chapter I. — The Bombardment of Undefended Ports, Towns, Vil- 
lages, Dwellings, or Buildings 

Article 1 

The bombardment by naval forces of undefended ports, towns, of°undIfe"ded 
villages, dwellings, or buildings is forbidden. forbidden.' 

A place cannot be bombarded solely because automatic submarine 
contact mines are anchored off the harbor.^ 

Article 2 

Military works, military or naval establishments, depots of arms ^glj^'^^t,, 
or war materiel, workshops or plant which could be utilized for the excepted. 



^France, Germany, Great Britain and Japan made reservations of this 
paragraph. 



158 



CONVENTION IX OF 1907 



Unavoidable 
damage. 



Precautionary 

measures. 



needs of the hostile fleet or army, and the ships of war in the harbor, 
are not, however, included in this prohibition. The commander of a 
naval force may destroy them with artillery, after a summons fol- 
lowed by a reasonable time of waiting, if all other means are impos- 
sible, and when the local authorities have not themselves destroyed 
them within the time fixed. 

He incurs no responsibility for any unavoidable damage which may 
be caused by a bombardment under such circumstances. 

If for military reasons immediate action is necessary, and no delay 
can be allowed the enemy, it is understood that the prohibition to 
bombard the undefended town holds good, as in the case given in 
paragraph 1, and that the commander shall take all due measures in 
order that the town may suffer as little harm as possible. 



Bombardment 
on declining 
to furnish pro- 
visions, etc., 
to fleet. 



Article 3^ 

After due notice has been given, the bombardment of undefended 
ports, towns, villages, dwellings, or buildings may be commenced, if 
the local authorities, after a formal summons has been made to them, 
decline to comply with requisitions for provisions or supplies neces- 
sary for the immediate use of the naval force before the place in 
question. 

These requisitions shall be in proportion to the resources of the 
place. They shall only be demanded in the name of the commander 
of the said naval force, and they shall, as far as possible, be paid for 
in cash ; if not, they shall be evidenced by receipts. 



Money 
contributions. 



Article 4 

Undefended ports, towns, villages, dwellings, or buildings may not 
be bombarded on account of failure to pay money contributions. 



Buildings, etc. 
to be spared. 



Chapter II. — General Provisions 

Article 5 

In bombardments by naval forces all the necessary measures must 
be taken by the commander to spare as far as possible sacred edifices, 
buildings used for artistic, scientific, or charitable purposes, historic 
monuments, hospitals, and places where the sick or wounded are col- 
lected, on the understanding that they are not used at the same time 
for military purposes. 



^Chile made reservation of Article 3. 



BOMBARDMENT BY NAVAL FORCES 159 

It is the duty of the inhabitants to indicate such monuments, edifices, J^^^^j-f^d""* 
or places by visible signs, which shall consist of large, stiff rectangular 
panels divided diagonally into two colored triangular portions, the 
upper portion black, the lower portion white. 

Article 6 

If the military situation permits, the commander of the attacking authorK 
naval force, before commencing the bombardment, must do his utmost 
to warn the authorities. 

Article 7 
A town or place, even when taken by storm, may not be pillaged, fj^jfilden 

Chapter III. — Final Provisions 

Article 8 

The provisions of the present Convention do not apply except be- Powers bound, 
tween contracting Powers, and then only if all the belligerents are 
parties to the Convention. 

Article 9 

The present Convention shall be ratified as soon as possible. Ratification. 

The ratifications shall be deposited at The Hague. The°Ha|i^e. 

The first deposit of ratifications shall be recorded in a proces-verhal 
signed by the representatives of the Powers which take part therein 
and by the Netherland Minister of Foreign Affairs. 

The subsequent deposits of ratifications shall be made by means 
of a written notification addressed to the Netherland Government 
and accompanied by the instrument of ratification. 

A duly certified copy of the proccs-verbal relative to the first de- ^jf[he^j4^°P's^® 
posit of ratifications, of the notifications mentioned in the preceding 
paragraph, as well as of the instruments of ratification, shall be at 
once sent by the Netherland Government, through the diplomatic 
channel, to the Powers invited to the Second Peace Conference, as 
well as to the other Powers which have adhered to the Convention. 
In the cases contemplated in the preceding paragraph, the said Gov- 
ernment shall inform them at the same time of the date on which it 
received the notification. 



160 



CONVENTION IX OF 1907 



Adhesion of 

non-signatory 
Powers. 

Notification 
of intent. 



Communication 
to other 
Powers. 



Article 10 

Non-signatory Powers may adhere to the present Convention. 

The Power which desires to adhere shall notify its intention to the 
Netherland Government, forwarding to it the act of adhesion, which 
shall be deposited in the archives of the said Government. 

This Government shall immediately forward to all the other Powers 
a duly certified copy of the notification, as well as of the act of ad- 
hesion, mentioning the date on which it received the notification. 



Effect of 
ratification. 



Article 11 

The present Convention shall come into force, in the case of the 
Powers which were a party to the first deposit of ratifications, sixty 
days after the date of the proces-verhal of that deposit, and, in the 
case of the Powers which ratify subsequently or which adhere, sixty 
days after the notification of their ratification or of their adhesion 
has been received by the Netherland Government. « 



Denunciation. 



Notifying 

Power 

only affected. 



Register of 
ratifications. 



Signing. 



Deposit 
of original. 



Article 12 

In the event of one of the contracting Powers wishing to denounce 
the present Convention, the denunciation shall be notified in writing 
to the Netherland Government, which shall at once communicate a 
duly certified copy of the notification to all the other Powers inform- 
ing them of the date on which it was received. 

The denunciation shall only have efifect in regard to the notifying 
Power, and one year after the notification has reached the Nether- 
land Government. 

Article 13 

A register kept by the Netherland Minister for Foreign Affairs 
shall give the date of the deposit of ratifications made in virtue of 
Article 9, paragraphs 3 and 4, as well as the date on which the notifi- 
cations of adhesion (Article 10, paragraph 2) or of denunciation (Ar- 
ticle 12, paragraph 1) have been received. 

Each contracting Power is entitled to have access to this register 
and to be supplied with duly certified extracts from it. 

In faith whereof the plenipotentiaries have appended their signa- 
tures to the present Convention. 

Done at The Hague, the 18th October, 1907, in a single copy, which 



BOMBARDMENT BY NAVAL FORCES 



161 



shall remain deposited in the archives of the Netherland Govern- 
ment, and duly certified copies of which shall be sent, through the 
diplomatic channel, to the Powers which have been invited to the 
Second Peace Conference. 
[Here follow signatures.] 



RATIFICATIONS. ADHESIONS AND RESERVATIONS 

The foregoing Convention was ratified by the following 
Powers on the dates indicated: 

Austria-Hungary November 27 

Belgium August 8 

Bolivia November 27 

Brazil January 5 

Cuba February 22 

Denmark November 27 

France October 7 

Germany November 27 

Great Britain November 27 

Guatemala March 15 

Haiti February 2 

Japan December 13 

Luxemburg September 5 

Mexico November 27 

Netherlands November 27 

Norway September 19 

Panama September 1 1 

Portugal April 13 

Roumania March 1 

Russia November 27 

Salvador November 27 

Siam March 12 

Sweden November 27 

Switzerland May 12 

United States November 27 



signatory 

1909 
1910 
1909 
1914 
1912 
1909 
1910 
1909 
1909 
1911 
1910 
1911 
1912 
1909 
1909 
1910 
1911 
1911 
1912 
1909 
1909 
1910 
1909 
1910 
1909 



162 CONVENTION IX OF 1907 

Adhesions: 

China January 15, 1910 

Liberia February 4, 1914 

Nicaragua December 16, 1909 

Spain February 24, 1913 

The following Powers signed the Convention but have not yet 
ratified : 

Argentine Republic Montenegro 

Bulgaria Paraguay 

Chile Persia 

Colombia Peru 

Dominican Republic Servia 

Ecuador Turkey 

Greece Uruguay 

Italy Venezuela 

Reservations:^ 

Chile 

Under the reservation of Article 3 made at the fourth plenary 

session of August 17. 

Extract from the proces-verhal: 

The delegation of Chile makes reservation as to Article 3.' 

France 

Under reservation of the second paragraph of Article 1.^ 



Germany 

Under reservation of Article 1, paragraph 2, 



3 



Great Britain 

Under reservation of the second paragraph of Article 1.^ 

Japan 

With reservation of paragraph 2 of Article 1.^ 



lAll these reservations were made at signature. 

^Statement of Mr. Domingo Gana. Actes et documents, vol. i, p. 90. 

^Reservation maintained at ratification. 



THE HAGUE CONVENTIONS OF 1899 (III) AND 1907 (X) FOR 

THE ADAPTATION TO MARITIME WARFARE OF THE 

PRINCIPLES OF THE GENEVA CONVENTION 



1899 

Convention (III) for the adapta- 
tion to maritime warfare of the 
principles of the Geneva Con- 
vention of August 22, 1864. — 
Signed at The Hague, July 29, 
1899. 

His Majesty the German Em- 
peror, King of Prussia; [etc.] : 

Alike animated by the desire to 
diminish, as far as depends on 
them the evils inseparable from 
warfare, and wishing with this ob- 
ject to adapt to maritime warfare 
the principles of the Geneva Con- 
vention of the 22d August, 1864, 
have decided to conclude a con- 
vention to this effect: 

They have, in consequence, ap- 
pointed as their plenipotentiaries, 
to wit: 

[Here follow the names of 
plenipotentiaries.] 

Who, after communication of 
their full powers, found in good 
and due form, have agreed on the 
following provisions : 



1907 

Convention (X) for the adapta- 
tion to maritime warfare of the 
principles of the Geneva Con- 
vention. — Signed at The Hague, 
October 18, 1907.^ 



His Majesty the German Em- 
peror, King of Prussia; [etc.] : 

Animated alike by the desire to Purpose of 

•' Lonvention. 

diminish, as far as depends on 
them, the inevitable evils of war; 

And wishing with this object to 
adapt to maritime warfare the 
principles of the Geneva Conven- 
tion of the 6th July, jpo6; 

Have resolved to conclude a 
Convention for the purpose of re- 
vising the Convention of the 2gth 
July, i8gp, relative to this ques- 
tion, and have appointed the fol- 
lowing as their plenipotentiaries: Plenipotentiaries. 

[Here follow the names of 
plenipotentiaries.] 

Who, after having deposited 
their full powers, found in good 
and due form, have agreed upon 
the following provisions: 



^Italics indicate differences between the Conventions of 1889 and 1907. 



164 



CONVENTIONS III OF 1899 AND X OF 1907 



Immunity to 
military hos- 
pital ships. 



Status in 
neutral ports. 



1899 
Article 1 

Military hospital ships, that is 
to say, ships constructed or as- 
signed by States specially and 
solely for the purpose of assisting 
the wounded, sick or shipwrecked, 
and the names of which shall have 
been communicated to the bel- 
ligerent Powers at the beginning 
or during the course of hostilities, 
and in any case before they are 
employed, shall be respected and 
can not be captured while hostil- 
ities last. 

These ships, moreover, are not 
on the same footing as men-of- 
war as regards their stay in a 
neutral port. 



1907 
Article 1 

Military hospital ships, that is 
to say, ships constructed or as- 
signed by States specially and 
solely with a view to assisting the 
wounded, sick, and shipwrecked, 
the names of which have been 
communicated to the belligerent 
Powers at the commencement or 
during the course of hostilities, 
and in any case before they are 
employed, shall be respected, and 
can not be captured while hostili- 
ties last. 

These ships, moreover, are not 
on the same footing as war-ships 
as regards their stay in a neutral 
port. 



Exemption to 
private hos- 
pital ships. 



Certificate 
required. 



Article 2 

Hospital ships, equipped wholly 
or in part at the cost of private 
individuals or officially recognized 
relief societies, shall likewise be 
respected and exempt from cap- 
ture, provided the belligerent 
Power to whom they belong has 
given them an official commission 
and has notified their names to the 
hostile Power at the commence- 
ment of or during hostilities, and 
in any case before they are em- 
ployed. 

These ships should be furnished 
with a certificate from the com- 
petent authorities, declaring that 
they have been under their control 



Article 2 

Hospital ships, equipped wholly 
or in part at the expense of pri- 
vate individuals or officially rec- 
ognized relief societies, shall be 
likewise respected and exempt 
from capture, if the belligerent 
Power to whom they belong has 
given them an official commission 
and has notified their names to 
the hostile Power at the com- 
mencement of or during hostili- 
ties, and in any case before they 
are employed. 

These ships must be provided 
with a certificate from the com- 
petent authorities declaring that 
the vessels have been under their 



MARITIME WARFARE AND THE GENEVA CONVENTION 165 



1899 

while fitting out and on final de- 
parture. 

Article 3 

Hospital ships, equipped wholly 
or in part at the cost of private 
individuals or officially recognized 
societies of neutral countries, shall 
be respected and exempt from 
capture, if the neutral Power to 
whom they belong has given them 
an official commission and notified 
their names to the belligerent 
Powers at the commencement of 
or during hostilities, and in any 
case before they are employed. 



Article 4 

The ships mentioned in Articles 
1, 2 and 3 shall aflford relief and 
assistance to the wounded, sick, 
and shipwrecked of the belliger- 
ents independently of their nation- 
ality. 

The Governments engage not to 
use these ships for any military 
purpose. 

These ships must not in any 
way hamper the movements of 
the combatants. 

During and after an engage- 
ment they will act at their own 
risk and peril. 



1907 
control while fitting out and on 
final departure. 

Article 3 

Hospital ships, equipped wholly neu^raf!:^'''''^"^ 
or in part at the expense of pri- 
vate individuals or officially recog- 
nized societies of neutral coun- 
tries shall be respected and 
exempt from capture, on condi- 
tion that they are placed under 
the control of one of the belliger- 
ents, with the prev-ioiis consent of 
their own Government and zvith 
the authorisation of the belliger- 
ent himself, and that the latter has 
notified their names to his adver- 
sary at the commencement of or 
during hostilities, and in any case, 
before they are employed. 

Article 4 
The ships mentioned in Articles ^f'J^f,*° , 

^ all belligerents. 

1, 2, and 3 shall afford relief and 
assistance to the wounded, sick, 
and shipwrecked of the belliger- 
ents without distinction of nation- 
ality. 

The Governments undertake not 
to use these ships for any military 
purpose. 

These vessels must in no wise 
hamper the movements of the 
combatants. 

During and after an engage- 
ment they will act at their own 
risk and peril. 



Use confined. 



Restrictions. 



Risks assumed. 



166 



CONVENTIONS III OF 1899 AND X OF 1907 



Rights of 
belligerents. 



Log entries. 



Distinguishing 
colors to be used. 



Boats, etc. 



Flags. 



1899 

The belligerents will have the 
right to control and visit them; 
they can refuse to help them, 
order them off, make them take 
a certain course, and put a com- 
missioner on board ; they can even 
detain them, if important circum- 
stances require it. 

As far as possible the belliger- 
ents shall inscribe in the sailing 
papers of the hospital ships the 
orders they give them. 

Article 5 

The military hospital ships shall 
be distinguished by being painted 
white outside with a horizontal 
band of green about a meter and 
a half in breadth. 

The ships mentioned in Articles 
2 and 3 shall be distinguished by 
being painted white outside with 
a horizontal band of red about a 
meter and a half in breadth. 

The boats of the ships above 
mentioned, as also small craft 
which may be used for hospital 
work, shall be distinguished by 
similar painting. 

All hospital ships shall make 
themselves known by hoisting, to- 
gether with their national flag, 
the white flag with a red cross 
provided by the Geneva Conven- 
tion. 



1907 

The belligerents shall have the 
right to control and search them; 
they can refuse to help them, 
order them off, make them take a 
certain course, and put a com- 
missioner on board ; they can even 
detain them, if important circum- 
stances require it. 

As far as possible, the belliger- 
ents shall enter in the log of the 
hospital ships the orders which 
they give them. 

Article 5 

Military hospital ships shall be 
distinguished by being painted 
white outside with a horizontal 
band of green about a meter and 
a half in breadth. 

The ships mentioned in Articles 
2 and 3 shall be distinguished by 
being painted white outside with a 
horizontal band of red about a 
meter and a half in breadth. 

The boats of the ships above 
mentioned, as also small craft 
which may be used for hospital 
work, shall be distinguished by 
similar painting. 

All hospital ships shall make 
themselves known by hoisting, 
with their national flag, the white 
flag with a red cross provided by 
the Geneva Convention,^ and fur- 
ther, if they belong to a neutral 
State, by Hying at the mainmast 
the national Hag of the belligerent 



^See the reservations of Persia and Turkey, post, p. 181. 



MARITIME WARFARE AND THE GENEVA CONVENTION 167 



1899 



1907 
under whose control they are 
placed. 

Hospital ships which, in the Ships detained. 

terms of Article 4, are detained by 
the enemy must haul down the 
national Hag of the belligerent to 
whom they belong. 

The ships and boats above men- 
tioned which wish to ensure by 
night the freedom from interfer- 
ence to which they are entitled, 
must, subject to the assent of the 
belligerent they OA'e accompany- 
ing, take the necessary measures 
to render their special painting 
suificiently plain. 



Protection 
at night. 



Article 6^ 
The distin squishing si(^ns re- Use of 

• j^ . , , , distinguishing 

f erred to in Article 5 can only be signs restricted. 
used, zvhether in time of peace or 
war, for protecting or indicating 
the ships therein mentioned. 



Article 7 



Use of 
materiel, etc. 



In the case of a H^ht on board a Sick wards 

, on war-ships. 

zvar-ship, the sick wards shall be 
respected and spared as far as 
possible. 

The said sick wards and the 
materiel belonging to them remain 
subject to the laws of war; they 
can not, however, be used for any 
purpose other than that for which 
they were originally intended, so 
long as they are required for the 
sick and wounded. 



^Great Britain made reservation of this article. 



168 



CONVENTIONS III OF 1899 AND X OF 1907 



1899 



Military 
necessities. 



1907 
The commander, however, into 
whose power they have fallen may 
apply them to other purposes, if 
the military situation requires it, 
after seeing that the sick and 
wounded on hoard are properly 
provided for. 



Withdrawal 
of protection. 



Permissive 

use of arms, etc. 



Article 8 

Hospital ships and sick wards 
of vessels are no longer entitled to 
protection if they are employed 
for the purpose of injuring the 
enemy. 

The fact of the staff of the said 
ships and sick wards being armed 
for maintaining order and for de- 
fending the sick and zvounded, 
and the presence of wireless teleg- 
raphy apparatus on hoard, is not 
a sufficient reason for withdraw- 
ing protection. 



Care on 
neutral ships. 



Protection 
accorded. 



Article 6 

Neutral merchantmen, yachts, 
or vessels, having, or taking on 
board, sick, wounded, or ship- 
wrecked of the belligerents, can 
not be captured for so doing, but 
they are liable to capture for any 
violation of neutrality they may 
have committed. 



Article 9 

Belligerents may appeal to the 
charity of the commanders of 
neutral merchant ships, yachts, or 
boats to take on board and tend 
the sick and wounded. 

Vessels responding to this ap- 
peal, and also vessels which have 
of their ozvn accord rescued sick, 
wounded, or shipwrecked men, 
shall enjoy special protection and 
certain immunities. In no case 
can they be captured for having 
such persons on board, but, apart 



MARITIME WARFARE AND THE GENEVA CONVENTION 169 



1899 



1907 

from special undertakings that 
have been made to them, they re- 
main liable to capture for any 
violations of neutrality they may 
have committed. 



Article 7 

The religious, medical, or hos- 
pital staff of any captured ship is 
inviolable, and its members can 
not be made prisoners of war. On 
leaving the ship they take with 
them the objects and surgical in- 
struments which are their own 
private property. 

This staff shall continue to dis- 
charge its duties while necessary, 
and can afterwards leave when the 
commander-in-chief considers it 
possible. 

The belligerents must guaran- 
tee to the staff that has fallen into 
their hands the enjoyment of their 
salaries intact. 



Article 10 
The religious, medical, and hos- immunity 

° ' ' of medical, 

pital staff of any captured ship is etc., staff, 
inviolable, and its members can 
not be made prisoners of war. On 
leaving the ship they take away 
with them the objects and surgical 
instruments which are their own 
private property. 

This staff shall continue to dis- 
charge its duties while necessary, 
and can afterwards leave, when 
the commander-in-chief considers 
it possible. 

The belligerents must guarantee ^^y a"<^ 

"^ *=" allowances 

to the said staff, when it has fal- 
len into their hands, the same al- 
lowances and pay which are given 
to the staff of corresponding rank 
in their own navy. 



Performance 
of duties. 



Article 8 



Article 11 



Sailors and soldiers on board, Careofdis- 

' abled prisoners. 



Sailors and soldiers who are 
taken on board when sick or when sick or wounded, as well as 
wounded, to whatever nation they other persons officially attached to 
belong, shall be protected and fleets or armies, whatever their 
looked after by the captors. nationality, shall be respected and 

tended by the captors. 



170 



CONVENTIONS III OF 1899 AND X OF 1907 



1899 



Transfer of 
sick, etc., 
to war-ships. 



1907 

Article 12^ 

Any warship belonging to a 
belligerent may demand that sick, 
wounded, or shipwrecked men on 
board military hospital ships, hos- 
pital sJiips belonging to relief so- 
cieties or to private individuals, 
merchant ships, yachts, or boats, 
whatever the nationality of these 
vessels, should be handed over. 



Care of sick, 
etc., on neutral 
war-ships. 



Article 13 

// sick, wounded, ar ship- 
wrecked persons are taken on 
board a neutral war-ship, every 
possible precaution must be taken 
that they do not again take part 
in the operations of the war. 



Disposition of 
captured sick, 
etc., belligerents. 



Article 9 

The shipwrecked, wounded, or 
sick of one of the belligerents who 
fall into the hands of the other, are 
prisoners of war. The captor 
must decide, according to circum- 
stances, if it is best to keep them 
or send them to a port of his own 
country, to a neutral port, or even 
to a hostile port. In the last case, 
prisoners thus repatriated can not 
serve as long as the war lasts. 



Article 14 

The shipwrecked, wounded, or 
sick of one of the belligerents who 
fall into the power of the other 
belligerent are prisoners of war. 
The captor must decide, according 
to circumstances, whether to keep 
them, send them to a port of his 
own country, to a neutral port, or 
even to an enemy port. In this last 
case, prisoners thus repatriated 
cannot serve again while the war 
lasts. 



^See the declaration of Great Britain respecting this article, post, p. 181. 



MARITIME WARFARE AND THE GENEVA CONVENTION 171 



1899 
Article 10^ 

[The shipwrecked, wounded, or 
sick, who are landed at a neutral 
port with the consent of the local 
authorities, must, failing a con- 
trary arrangement between the 
neutral State and the belligerents, 
be guarded by the neutral State, so 
that they can not again take part 
in the military operations. 

The expenses of tending them 
in hospital and internment shall be 
borne by the State to which the 
shipwrecked, wounded, or sick 
belong.] 



1907 
Article 15- 

The shipzurecked, sick, or Care in 

7 J J z neutral ports. 

wounded, zvho are landed at a 
neutral port with the consent of 
the local authorities, must, unless 
an arrangement is made to the 
contrary betzveen the neutral 
State and the belligerent States, 
be guarded by the neutral State so 
as to prevent them again taking 
part in the operations of the war. 

The expenses of tending them in Expenses. 
hospital and interning them sJtall 
be borne by the State to zvhich the 
shipwrecked, sick, or wounded 
persons belong. 



Article 16 

After every en^as^ement, the Protection 

' -' <^ iJ ■» against 

tzi'o belligerents, so far as military p'l'age, etc. 

interests permit, shall take steps 

to look for the shipwrecked, sick, 

and wounded, and to protect them, 

as well as the dead, agahut pillage 

and ill-treatment. 

They shall see that the burial, 
whether by land or sea, or crema- 
tion of the dead shall be preceded 
by a careful examination of the 
corpse. 



Burials. 



Article 17 
Each belligerent shall send, as identification 

^ . . of dead, etc. 

early as possible, to the authorities 



^This article was excluded. See post, p. 179, under Reservations. 
2In the original French this article is identical with the excluded Article 10 
of the 1899 Convention. 



172 



CONVENTIONS III OF 1899 AND X OF 1907 



1899 



Record of 
captures, etc. 



Objects of 
personal use, etc. 



1907 
of their country, navy, or army 
the military marks or documents 
of identity found on the dead and 
the description of the sick and 
wounded picked up by him. 

The belligerents shall keep each 
other informed as to internments 
and transfers as well as to the ad- 
missions into hospitals and deaths 
which have occurred among the 
sick and wounded in their hands. 
They shall collect all the objects 
of personal use, valuables, letters, 
etc., which are found in the cap- 
tured ships, or which have been 
left by the sick or wounded who 
died in hospital, in order to have 
them forivarded to the persons 
concerned by the authorities of 
their own country. 



Article 11 

Powers bound. 7^6 fulcs Contained in the above 
articles are binding only on the 
contracting Powers, in case of 
war between two or more of them. 
The said rules shall cease to be 
binding from the time when, in a 
war between the contracting 
Powers, one of the belligerents is 
joined by a non-contracting 
Power. 



Article 18 

The provisions of the present 
Convention do not apply except 
between contracting Powers, and 
then only if all the belligerents are 
parties to the Convention. 



Duties of fleet 
commanders. 



Article 19 

The commanders-in-chief of the 
belligerent fleets must see that the 
above articles are properly carried 



MARITIME WARFARE AND THE GENEVA CONVENTION 173 

1899 1907 

out; they will luive also to see to 
cases not covered thereby, in ac- 
cordance with the instructions of 
their respective Governments and 
in conformity with the general 
principles of the present Conven- 
tion. 

Article 20 
The si(rnatory Powers shall take P/omuigation 

"^ -^ 01 provisions. 

the necessary measures for bring- 
ing the provisions of the present 
Convention to tJte knowledge of 
their naval forces, and especially 
of the members entitled there- 
under to immunity, and for ma- 
king them known to the public. 

Article 21^ 
The signatory Powers likewise Legislation to 

"=> -^ be recommended. 

undertake to enact or to propose 
to their legislatures, if their crim- 
inal lazus are inadequate, the 
measures necessary for checking 
in time of zvar individiml acts of 
pillage and ill-treatment in respect 
to the sick and wounded in the 
■fleet, as well as for punishing, as 
an unjustifiable adoption of naval 
or military marks, the unauthor- 
ised use of the distinctive marks 
mentioned in Article 5 by vessels 
not protected by the present Con- 
vention. 

They anil communicate to each Communication 

•^ of laws enacted. 

Other, through the Netherland 
Government, the enactments for 



^China and Great Britain made reservation of this article. 



174 



CONVENTIONS III OF 1899 AND X OF 1907 



1899 



1907 

preventing such acts at the latest 
within five years of the ratifica- 
tion of the present Convention. 



Application only 

to forces 

on board ship. 



Article 22 

In the case of operations of war 
between the land and sea forces of 
belligerents, the provisions of the 
present Convention do not apply 
except between the forces actually 
on board ship. 



Ratification. 



Deposit at 
The Hague. 



Communication 
to other Powers. 



Article 12 

The present Convention shall be 
ratified as soon as possible. 

The ratifications shall be depos- 
ited at The Hague. 



On the receipt of each ratifica- 
tion a proces-verbal shall be drawn 
up, a copy of which, duly certi- 
fied, shall be sent through the dip- 
lomatic channel to all the contract- 
ing Powers. 



Article 23 

The present Convention shall be 
ratified as soon as possible. 

The ratifications shall be depos- 
ited at The Hague. 

The first deposit of ratifications 
shall be recorded in a proces- 
verbal signed by the representa- 
tives of the Powers taking part 
therein and by the Netherland 
Minister for Foreign Affairs. 

Subsequent deposits of ratifi- 
cations shall be made by meafis of 
a written notification addressed to 
the Netherland Government and 
accompanied by the instrument of 
ratification. 

A certified copy of the proces- 
verbal relative to the first deposit 
of ratifications, of the notifica- 
tions mentioned in the preceding 
paragraph, as well as of the in- 
struments of ratification, shall be 
at once sent by the Netherland 
Government through the diplo- 



MARITIME WARFARE AND THE GENEVA CONVENTION 175 



1899 



1907 

matic channel to the Powers in- 
vited to the Second Peace Con- 
ference, as in'cll as to the other 
powers which have adhered to 
the Convention. In the cases 
contemplated in the preceding 
paragraph the said Government 
shall inform them at the same 
time of the date on which it re- 
ceived the notification. 



Article 13 

The non-signatory Powers who 
accepted the Geneva Convention 
of the 22d August, 1864, are al- 
lowed to adhere to the present 
Convention. 

For this purpose they must 
make their adhesion known to the 
contracting Powers by means of a 
written notification addressed to 
the Netherland Government, and 
by it communicated to all the 
other contracting Powers. 



Article 24 
Non-signatorv Powers which Adhesion of 

- non-signatory 

have accepted the Geneva Con- Powers. 
vention of the 6th Jidy, ipo6, may 
adhere to the present Convention. 



The Pozver which desires to ad- ^nitemion. 
here notifies its intention to the 
Netherland Government in wri- 
ting, fonuarding to it the act of 
adhesion, which shall be depos- 
ited in the archives of the said 
Government. 

The said Government shall at Communication 

to other Powers. 

once transmit to all the other 
Powers a duly certified copy of 
the notification as well as of the 
act of adhesion, mentioning the 
date on which it received the 
notification. 



Article 25 

The present Convention, didy J'°nUon r^pkced. 
ratified, shall replace as between 
contracting Powers, the Conven- 
tion of the 2pth July, i8pp, for 



176 



CONVENTIONS III OF 1899 AND X OF 1907 



1899 



Continuance 
of former 
Convention. 



1907 

the adaptation to maritime war- 
fare of the principles of the 
Geneva Convention. 

The Convention of i8pp re- 
mains in force as between the 
Powers ivhich signed it hut which 
do not also ratify the present 
Convention. 



Effect of 
ratification. 



Article 26 

The present Convention shall 
come into force, in the case of the 
Powers which were a party to the 
first deposit of ratifications, sij^ty 
days after the date of the proces- 
verbal of this deposit, and, in the 
case of the Powers which ratify 
subsequently or which adhere, 
sixty days after the notification of 
their ratification or of their ad- 
hesion has been received by the 
N etherland Government. 



Denunciation. 



Notifying Powei 
only affected. 



Article 14 

In the event of one of the high 
contracting Parties denouncing 
the present Convention, such de- 
nunciation shall not take effect 
until a year after the notification 
made in writing to the Nether- 
land Government, and forthwith 
communicated by it to all the 
other contracting Powers. 



This denunciation shall only 
affect the notifying Power. 



Article 27 

In the event of one of the con- 
tracting Powers wishing to de- 
nounce the present Convention, 
the denunciation shall be notified 
in writing to the Netherland Gov- 
ernment, which shall at once 
communicate a duly certified 
copy of the notification to all the 
other Powers, informing them at 
the same time of the date on 
which it was received. 

The denunciation shall only 
have effect in regard to the noti- 



MARITIME WARFARE AND THE GENEVA CONVENTION 177 



1899 



1907 

fying Power, and one year after 
the notification has reached the 
Netherland Government. 



In testimony whereof the re- 
spective plenipotentiaries have 
signed the present Convention 
and affixed their seals thereto. 

Done at The Hague the 29th 
July, 1899, in single copy, which 
shall be kept in the archives of 
the Government of the Nether- 
lands, and copies of which duly 
certified, shall be sent through the 
diplomatic channel to the con- 
tracting Powers. 



[Here follow signatures.] 



Article 28 
A register kept by the Nether- Register of 

. . * -^ . _ ratifieations. 

land Ministry for Foreign Affairs 
shall give the date of the deposit 
of ratifications made in virtue of 
Article 2^, paragraphs j and 4, as 
zvell as the date on zvhich the no- 
tifications of adhesion (Article 
24, paragraph 2) or of denuncia- 
tion {Article 2y, paragraph i) 
have beeti received. 

Each contracting Power is en- 
titled to have access to this regis- 
ter and to be supplied zvith duly 
certified extracts from it. 

In faith whereof the plenipo- Signing, 
tentiaries have appended their 
signatures to the present Conven- 
tion. 

Done at The Hague, the i8th ^5p°?'* , 

o ' 01 original. 

October, ipo/, in a single copy, 
which shall remain deposited in 
the archives of the Netherland 
Government, and duly certified 
copies of which shall be sent, 
through the diplomatic channel, 
to the Powers tvhich have been 
invited to the Second Peace Con- 
ference. 

[Here follow signatures.] 



178 



CONVENTIONS III OF 1899 AND X OF 1907 



RATIFICATIONS, ADHESIONS AND RESERVATIONS 

The 1899 Convention was ratified by all the signatory Powers on the 
dates indicated: 

Austria-Hungary September 4, 1900 

Belgium September 4, 1900 

Bulgaria September 4, 1900 

China November 21, 1904 

Denmark September 4, 1900 

France September 4, 1900 

Germany September 4, 1900 

Great Britain September 4, 1900 

Greece April 4, 1901 

Italy September 4, 1900 

Japan October 6, 1900 

Luxemburg July 12, 1901 

Mexico April 17, 1901 

Montenegro October 16, 1900 

Netherlands September 4, 1900 

Norway (See Sweden and Norway.) 



Persia September 4 

Portugal September 4 

Roumania September 4 

Russia September 4 

Servia May 1 1 

Siam September 4 

Spain September 4 

Sweden and Norway September 4 

Switzerland December 29 

Turkey June 12 

United States September 4 



1900 
1900 
1900 
1900 
1901 
1900 
1900 
1900 
1900 
1907 
1900 



Adhesions: 

Argentine Republic June 17, 1907 

Bolivia February 7, 1907 

Brazil February 25, 1907 

Chile June 19, 1907 

Colombia January 30, 1907 



MARITIME WARFARE AND THE GENEVA CONVENTION 179 

Cuba June 29, 1907 

Dominican Republic June 29, 1907 

Ecuador August 5, 1907 

Guatemala April 6, 1903 

Haiti June 29, 1907 

Honduras August 21, 1906 

Korea February 7, 1903 

Nicaragua May 17, 1907 

Panama July 22, 1907 

Paraguay June 29, 1907 

Peru November 24, 1903 

Salvador June 20, 1902 

Uruguay June 21, 1906 

Venezuela March 1, 1907 



Reservations: 

Germany, Great Britain, Turkey and United States signed with 
reservation of Article 10. It was subsequently agreed, on an 
understanding reached by the Government of the Netherlands 
with the signatory Powers, to exclude Article 10 from all 
ratifications of the Convention.^ 



The 1907 Convention was ratified by the following signatory 
Powers on the dates indicated : 

Austria-Hungary November 27, 1909 

Belgium August 8, 1910 

Bolivia November 27, 1909 

Brazil Januar>' 5, 1914 

China November 27, 1909 

Cuba February 22, 1912 

Denmark November 27, 1909 

France October 7, 1910 

Germany November 27, 1909 

Guatemala March 15, 1911 



lU. S. Statutes at Large, vol. 32, p. 1837. 



180 



CONVENTIONS III OF 1899 AND X OF 1907 



Haiti February 2 

Japan December 13 

Luxemburg September 5 

Mexico November 27 

Netherlands November 27 

Norway September 19 

Panama September 1 1 

Portugal April 13 

Roumania March 1 

Russia November 27 

Salvador November 27 

Siam March 12 

Spain March 18 

Sweden July 13 

Switzerland May 12 

United States November 27 



1910 
1911 
1912 
1909 
1909 
1910 
1911 
1911 
1912 
1909 
1909 
1910 
1913 
1911 
1910 
1909 



Adhesion: 

Nicaragua 



.December 16, 1909 



The following Powers signed the Convention but have not yet 



ratified : 

Argentine Republic 

Bulgaria 

Chile 

Colombia 

Dominican Republic 

Ecuador 

Great Britain 

Greece 

Italy 



Montenegro 

Paraguay 

Persia 

Peru 

Servia 

Turkey 

Uruguay 

Venezuela 



Reservations:^ 
China 

Under reservation of Article 21.* 



lAll these reservations were made at signature. 
^Reservation maintained at ratification. 



MARITIME WARFARE AND THE GENEVA CONVENTION 181 

Great Britain 

Under reservation of Articles 6 and 21 and of the following 

declaration : 

In affixing their signatures to the above Convention, the 
British plenipotentiaries declare that His Majesty's Government 
understand Article 12 to apply only to the case of combatants 
rescued during or after a naval engagement in which they have 
taken part. 

Persia 

Under reservation of the right, admitted by the Conference, 
to use the Lion and Red Sun instead of and in the place of 
the Red Cross. 

Turkey 

Under reservation of the right admitted by the Peace Con- 
ference to use the Red Crescent. 



Purpose of 
Convention. 



Plenipotentiaries. 



CONVENTION (XI) RELATIVE TO CERTAIN RESTRICTIONS WITH 
REGARD TO THE EXERCISE OF THE RIGHT OF CAPTURE 

IN NAVAL WAR 

Signed at The Hague, October 18, 1907 

His Majesty the German Emperor, King of Prussia; [etc.] : 

Recognizing the necessity of more effectively ensuring than hitherto 
the equitable application of law to the international relations of mari- 
time Powers in time of war; 

Considering that, for this purpose, it is expedient, in giving up or, 
if necessary, in harmonizing for the common interest certain conflict- 
ing practices of long standing, to commence codifying in regulations 
of general application the guarantees due to peaceful commerce and 
legitimate business, as well as the conduct of hostilities by sea; that it 
is expedient to lay down in written mutual engagements the principles 
which have hitherto remained in the uncertain domain of controversy 
or have been left to the discretion of Governments ; 

That, from henceforth, a certain number of rules may be made, 
without affecting the common law now in force with regard to the 
matters which that law has left unsettled; 

Have appointed the following as their plenipotentiaries: 

[Here follow the names of plenipotentiaries.] 

Who, after having deposited their full powers, found in good and 
due form, have agreed upon the following provisions : 



Postal 
correspondence. 



Inviolable on 
high seas. 



Forwarding fron" 
captured ships. 



Chapter I. — Postal Correspondence 

Article 1 

The postal correspondence of neutrals or belligerents, whatever its 
official or private character may be, found on the high seas on board 
a neutral or enemy ship, is inviolable. If the ship is detained, the 
correspondence is forwarded by the captor with the least possible 
delay. 



RESTRICTIONS ON CAPTURE IN NAVAL WAR 183 

The provisions of the preceding paragraph do not apply, in case Blockaded ports, 
of violation of blockade, to correspondence destined for or proceeding 
from a blockaded port. 

Article 2 

The inviolability of postal correspondence does not exempt a neutral ^aruhips. 
mail ship from the laws and customs of maritime war as to neutral 
merchant ships in general. The ship, however, may not be searched 
except when absolutely necessary, and then only with as much con- 
sideration and expedition as possible. 

Chapter II. — The Exemption from Capture of Certain Vessels from'^caprur™^* 

Article 3 
Vessels used exclusively for fishing along the coast or small boats i-ishing vessels 

■' o o and boats in 

employed in local trade are exempt from capture, as well as their '°'=ai trade, 
appliances, rigging, tackle, and cargo. 

They cease to be exempt as soon as they take any part whatever in 
hostilities. 

The contracting Powers agree not to take advantage of the harm- fo[b|dd^n'^ 
less character of the said vessels in order to use them for military 
purposes while preserving their peaceful appearance. 

Article 4 

Vessels charged with religious, scientific, or philanthropic missions f^f^^l°^^' 
are likewise exempt from capture. etc., vessels. 

Chapter III. — Regulations Regarding the Crews of Enemy Merchant Dereham ships 

Ships Captured by a Belligerent 

Article 5 

When an enemy merchant ship is captured by a belligerent, such of Disposition of 
its crew as are nationals of a neutral State are not made prisoners oncers if 
of war. 

The same rule applies in the case of the captain and officers likewise 
nationals of a neutral State, if they promise formally in writing not to 
serve on an enemy ship while the war lasts. 



184 



CONVENTION XI OF 1907 



Conditional 
release of 
officers and 
crews, if enemies. 



Article 6 

The captain, officers, and members of the crew, when nationals of 
the enemy State, are not made prisoners of war, on condition that they 
make a formal promise in writing, not to undertake, while hostilities 
last, any service connected with the operations of the war. 



Notification 
by captors. 



Article 7 

The names of the persons retaining their liberty under the conditions 
laid down in Article 5, paragraph 2, and in Article 6, are notified by 
the belligerent captor to the other belligerent. The latter is forbidden 
knowingly to employ the said persons. 



Shii>s not 
included. 



Article 8 

The provisions of the three preceding articles do not apply to ships 
taking part in the hostilities. 



Powers bound. 



Chapter IV. — Final Provisions 

Article 9 

The provisions of the present Convention do not apply except be- 
tween contracting Powers, and then only if all the belligerents are 
parties to the Convention. 



Ratification. 

Deposit at 
The Hague. 



Certified copies 
to contracting 
Pow;rs. 



Article 10 

The present Convention shall be ratified as soon as possible. 

The ratifications shall be deposited at The Hague. 

The first deposit of ratifications shall be recorded in a proch-verbal 
signed by the representatives of the Powers taking part therein and 
by the Netherland Minister for Foreign Affairs. 

Subsequent deposits of ratifications shall be made by means of a 
written notification, addressed to the Netherland Government and 
accompanied by the instrument of ratification. 

A duly certified copy of the proces-vcrhal relative to the first deposit 
of ratifications, of the notifications mentioned in the preceding para- 
graph, as well as of the instruments of ratification, shall be at once sent 
by the Netherland Government, through the diplomatic channel, to the 



RESTRICTIONS ON CAPTURE IN NAVAL WAR 185 

Powers invited to the Second Peace Conference, as well as to the other 
Powers which have adhered to the Convention. In the cases contem- 
plated in the preceding paragraph, the said Government shall inform 
them at the same time of the date on which it received the notification. 

Article 11 
Non-signatory Powers may adhere to the present Convention, Adherence of 

. ■' '^ non-signatory 

The Power which desires to adhere notifies its intention in writing r^^wers. 

to the Netherland Government, forwarding to it the act of adhesion, Notification 
which shall be deposited in the archives of the said Government. 

This Government shall at once transmit to all the other Powers a Communication 

J 1 T A r 1 -f • to Other Powers. 

duly certihed copy of the notification as well as of the act of adhesion, 
mentioning the date on which it received the notification. 

Article 12 
The present Convention shall come into force in the case of the Effect of 

ratification. 

Powers which were a party to the first deposit of ratifications, sixty 
days after the proces-verbal of that deposit, and, in the case of the 
Powers which ratify subsequently or which adhere, sixty days after 
the notification of their ratification has been received by the Nether- 
land Government. 

Article 13 

In the event of one of the contracting Powers wishing to denounce Denunciation, 
the present Convention, the denunciation shall be notified in writing to 
the Netherland Government, which shall at once communicate a duly 
certified copy of the notification to all the other Powers informing them 
of the date on which it was received. 

The denunciation shall only have effect in regard to the notifvingf Notifying Power 

■' ° J b only affected. 

Power, and one year after the notification has reached the Netherland 
Government. 

Article 14 

A register kept by the Netherland Ministry for Foreisrn Affairs Register of 

. ■^ o ratifications. 

shall give the date of the deposit of ratifications made in virtue of 
Article 10, paragraphs 3 and 4, as well as the date on which the notifi- 
cations of adhesion (Article 11, paragraph 2) or of denunciation 
(Article 13, paragraph 1) have been received. 



186 



CONVENTION XI OF 1907 



Signing. 



Deposit 
of original. 



Each contracting Power is entitled to have access to this register 
and to be supplied with duly certified extracts from it. 

In faith whereof the plenipotentiaries have appended their signa- 
tures to the present Convention. 

Done at The Hague, the 18th October, 1907, in a single copy, which 
shall remain deposited in the archives of the Netherland Government, 
and duly certified copies of which shall be sent, through the diplomatic 
channel, to the Powers invited to the Second Peace Conference. 

[Here follow signatures.] 



RATIFICATIONS, ADHESIONS AND RESERVATIONS 

The foregoing Convention was ratified by the following signatory 
Powers on the dates indicated : 

Austria-Hungary November 27, 

Belgium August 8, 

Brazil January 

Denmark November 27, 

France October 7, 

Germany November 27, 

Great Britain November 27, 

Guatemala March 15, 

Haiti February 2, 

Japan December 13, 



Luxemburg September 5 

Mexico November 27 

Netherlands November 27 

Norway September 19 

Panama September 1 1 

Portugal April 13 

Roumania March 1 

Salvador November 27^ 

Siam March 12 

Spain March 18 

Sweden Novem.ber 27 

Switzerland May 12 

United States November 27 



1909 
1910 
1914 
1909 
1910 
1909 
1909 
1911 
1910 
1911 
1912 
1909 
1909 
1910 
1911 
1911 
1912 
1909 
1910 
1913 
1909 
1910 
1909 



RESTRICTIONS ON CAPTURE IN NAVAL WAR 187 

Adhesions: 

Liberia February 4, 1914 

Nicaragua December 16, 1909 

The following Powers signed the Convention but have not yet 
ratified : 

Argentine Republic Italy 

Bolivia Paraguay 

Bulgaria Persia 

Chile Peru 

Colombia Servia 

Cuba Turkey 

Dominican Republic ITruguay 

Ecuador Venezuela 
Greece 

Reservations: none. 



Purpose of 
Convention. 



Plenipo- 
tentiaries. 



CONVENTION (XII) RELATIVE TO THE CREATION OF AN INTER- 
NATIONAL PRIZE COURT 

Signed at The Hague, October 18, 1907 

His Majesty, the German Emperor, King of Prussia; [etc.] : 

Animated by the desire to settle in an equitable manner the differ- 
ences which sometimes arise in the course of a naval war in connec- 
tion with the decisions of national prize courts; 

Considering that, if these courts are to continue to exercise their 
functions in the manner determined by national legislation, it is de- 
sirable that in certain cases an appeal should be provided under con- 
ditions conciliating, as far as possible, the public and private inter- 
ests involved in matters of prize ; 

Whereas, moreover, the institution of an International Court, whose 
jurisdiction and procedure would be carefully defined, has seemed to be 
the best method of attaining this object; 

Convinced, finally, that in this manner the hardships consequent on 
naval war would be mitigated; that, in particular, good relations will 
be more easily maintained between belligerents and neutrals and peace 
better assured; 

Desirous of concluding a Convention to this effect, have appointed 
the following as their plenipotentiaries : 

[Here follow the names of plenipotentiaries.] 

Who, after depositing their full powers, found in good and due 
form, have agreed upon the following provisions : 



General 
provisions. 



Determination 
of validity 
of cai)ture. 



Part I. — General Provisions 

Article 1 

The validity of the capture of a merchant ship or its cargo is decided 
before a prize court in accordance with the present Convention when 
neutral or enemy property is involved. 



THE INTERNATIONAL PRIZE COURT 189 

Article 2 
Jurisdiction in matters of prize is exercised in the first instance by Jurisdiction in 

., . f t 1 »i- first instance. 

the prize courts of the belngerent captor. 

The judgments of these courts are pronounced in pubHc or are offi- 
cially notified to parties concerned who are neutrals or enemies. 

Article 3 

The judgments of national prize courts may be brought before the J^Jjft" ^q"/^" 
International Prize Court — national courts 

may be brought 

1. When the judgment of the national prize courts aflfects the prop- n|ffo'^^a^"court 
crty of a neutral Power or individual; 

2. When the judgment aflfects enemy property and relates to — 

(a) Cargo on board a neutral ship; 

(b) An enemy ship captured in the territorial waters of a neutral 
Power, when that Power has not made the capture the subject of a 
diplomatic claim ; 

(c) A claim based upon the allegation that the seizure has been 
eflfected in violation, either of the provisions of a Convention in force 
between the belligerent Powers, or of an enactment issued by the 
belligerent captor. 

The appeal against the judgment of the national court can be based ^ppll°^ 
on the ground that the judgment was wrong either in fact or in law. 

Article 4 
An appeal may be brought — when appeal 

'^ '^ ■' ° may be brought: 

1. By a neutral Power, if the judgment of the national tribunals in- i- Byaneu- 

. . . „ . ^ . tral Power. 

junously aflfects its property or the property of its nationals (Article 3, 
No. 1), or if the capture of an enemy vessel is alleged to have taken 
place in the territorial waters of that Power (Article 3, No. 2b). 

2. By a neutral individual, if the iudgment of the national court 2. By a neutral 

_ -^ 'JO individual. 

injuriously aflfects his property (Article 3, No. 1), subject, however, to 
the reservation that the Power to which he belongs may forbid him to 
bring the case before the Court, or may itself undertake the proceedings 
in his place; 

3. By an individual subject or citizen of an enemy Power, if the ^ By citizen 

■^ ■' -^ ' of enemy 

judgment of the national court injuriously aflfects his property in the Power. 
cases referred to in Article 3, No. 2, except that mentioned in para- 
graph b. 



190 



CONVENTION XII OF 1907 



Successors 
in interest. 



Limitation 
upon jurisdic- 
tion of na- 
tional courts. 



Failure of 
national court? 
to give final 
judgnient. 



Law applicable. 
Treaties. 



Rules of 

international 

law. 

Principles 
of justice 
and equity. 



Enactments 
of belligerent 
captor. 



Article 5 

An appeal may also be brought on the same conditions as in the 
preceding article, by persons belonging either to neutral States or to the 
enemy, deriving their rights from and entitled to represent an indi- 
vidual qualified to appeal, and who have taken part in the proceedings 
before the national court. Persons so entitled may appeal separately 
to the extent of their interest. 

The same rule applies in the case of persons belonging either to 
neutral States or to the enemy who derive their rights from and are 
entitled to represent a neutral Power whose property was the subject 
of the decision. 

Article 6 

When, in accordance with the above Article 3, the International 
Court has jurisdiction, the national courts can not deal with a case 
in more than two instances. The municipal law of the belligerent captor 
shall decide whether the case may be brought before the International 
Court after judgment has been given in first instance or only after an 
appeal. 

If the national courts fail to give final judgment within two years 
from the date of capture, the case may be carried direct to the Inter- 
national Court. 

Article 7 

If a question of law to be decided is covered by a treaty in force 
between the belligerent captor and a Power which is itself or whose 
subject or citizen is a party to the proceedings, the Court is governed 
by the provisions of the said treaty. 

In the absence of such provisions, the Court shall apply the rules 
of international law. If no generally recognized rule exists, the Court 
shall give judgment in accordance with the general principles of 
justice and equity. 

The above provisions apply equally to questions relating to the order 
and mode of proof. 

If, in accordance with Article 3, No. 2c, the ground of appeal is 
the violation of an enactment issued by the belligerent captor, the Court 
will enforce the enactment. 

The Court may disregard failure to comply with the procedure laid 
down in the enactments of the belligerent captor, when it is of opinion 



THE INTERNATIONAL PRIZE COURT 191 

that the consequences of complying therewith are unjust and in- 
equitable. 

Article 8^ 

If the Court pronounces the capture of the vessel or car^o to be Disposition of 

vessel snd 

valid, they shall be disposed of in accordance with the laws of the cargo when 

, ... capture is valid; 

belligerent captor. 

If it pronounces the capture to be null, the Court shall order resti- when capture 

IS null. 

tution of the vessel or cargo, and shall fix, if there is occasion, the 
amount of the damages. If the vessel or cargo have been sold or 
destroyed, the Court shall determine the compensation to be given to 
the owner on this account. 

If the national court pronounced the capture to be null, the Court 
can only be asked to decide as to the damages. 

Article 9 
The contracting Powers undertake to submit in good faith to the Powers to 

... . . submit to 

decisions of the International Prize Court and to carry them out with decisions, 
the least possible delay. 

Part II. — Constitution of the International Prize Court o£'"court*^°" 

Article 10 

The International Prize Court is composed of judges and deputy ^uah°fication"^ 
judges, who will be appointed by the contracting Powers, and must °| co^^t^" 
all be jurists of known proficiency in questions of international mari- 
time law, and of the highest moral reputation. 

The appointment of these judges and deputy judges shall be made 
within six months after the ratification of the present Convention. 

Article 11 



Term of 
service 



The judges and deputy judges are appointed for a period of six 
years, reckoned from the date on which the notification of their °^ i^^^^^ 
appointment is received by the Administrative Council established by 
the Convention for the pacific settlement of international disputes of 
the 29th July, 1899. Their appointments can be renewed. 



^See Article 2 of the Additional Protocol, post, p. 206. 



192 



CONVENTION XII OF 1907 



Vacancies. 



Rank 

of judges. 



Should one of the judges or deputy judges die or resign, the same 
procedure is followed for filling the vacancy as was followed for ap- 
pointing him. In this case, the appointment is made for a fresh 
period of six years. 

Article 12 

The judges of the International Prize Court are all equal in rank 
and have precedence according to the date on which the notification of 
their appointment was received (Article 11, paragraph 1), and if they 
sit by rota (Article 15, paragraph 2), according to the date on which 
they entered upon their duties. When the date is the same the senior in 
age takes precedence. 

The deputy judges when acting are assimilated to the judges. They 
rank, however, after them. 



Privileges 

and immunities. 



Oath. 



Article 13 

The judges enjoy diplomatic privileges and immunities in the per- 
formance of their duties and when outside their own country. 

Before taking their seat, the judges must swear, or make a solemn 
promise before the Administrative Council, to discharge their duties 
impartially and conscientiously. 



Number 
of judges. 



Judges who 
are always 
summoned 
to sit. 



Judges who 
sit by rota. 



Article 14 

The Court is composed of fifteen judges; nine judges constitute a 
quorum, 

A judge who is absent or prevented from sitting is replaced by the 
deputy judge. 

Article 15^ 

The judges appointed by the following contracting Powers: Ger- 
many, the United States of America, Austria-Hungary, France, Great 
Britain, Italy, Japan, and Russia, are always summoned to sit. 

The judges and deputy judges appointed by the other contracting 
Powers sit by rota as shown in the table annexed^ to the present Con- 
vention ; their duties may be performed successively by the same per- 
son. The same judge may be appointed by several of the said Powers. 



^Reservation of this article was made by Chile, Cuba, Ecuador, Guatemala, 
Haiti, Persia, Salvador, Siam, Turkey and Uruguay. 
^Post, p. 203. 



THE INTERNATIONAL PRIZE COURT 193 

Article 16 
If a belligerent Power has, according- to the rota, no judge sitting Selection of 

o ° 'Job judge by 

in the Court, it may ask that the judge appointed by it should take belligerent 
part in the settlement of all cases arising from the war. Lots shall 
then be drawn as to which of the judges entitled to sit according 
to the rota shall withdraw. This arrangement does not affect the 
judge appointed by the other belligerent. 

Article 17 

No judge can sit who has been a party, in any way whatever, to Pf'a''"ud'l*^^*'°" 
the sentence pronounced by the national courts, or has taken part in 
the case as counsel or advocate for one of the parties. 

No judge or deputy judge can, during his tenure of office, appear 
as agent or advocate before the International Prize Court nor act for 
one of the parties in any capacity whatever. 

Article 18 

The belligerent captor is entitled to appoint a naval officer of high f/pl^^^o^"* 
rank to sit as assessor, but with no voice in the decision. A neutral '"tejested 

' neutral may 

Power, which is a party to the proceedings or whose subject or a^|'e°'s"'i. 
citizen is a party, has the same right of appointment; if as the result 
of this last provision more than one Power is concerned, they must 
agree among themselves, if necessary by lot, on the officer to be 
appointed. 

Article 19 

The Court elects its president and vice-president by an absolute of"ffi°"rs 
majority of the votes cast. After two ballots, the election is made by 
a bare majority, and, in case the votes are equal, by lot. 

Article 20 

The judges on the International Prize Court are entitled to traveling of"™^^"^^''"" 
allowances in accordance with the regulations in force in their own 
country, and in addition receive, while the Court is sitting or while 
they are carrying out duties conferred upon them by the Court, a sum 
of 100 Netherland florins per diem. 



194 



CONVENTION XII OF 1907 



Seat of 
the Court. 



These payments are included in the general expenses of the Court 
dealt with in Article 47, and are paid through the International Bureau 
established by the Convention of the 29th July, 1899. 

The judges may not receive from their own Government or from 
that of any other Power any remuneration in their capacity of mem- 
bers of the Court. 

Article 21 

The seat of the International Prize Court is at The Hague and it 
can not, except in the cases of force majeure, be transferred elsewhere 
without the consent of the belligerents. 



Functions of 

Administrative 

Council. 



International 
Bureau acts 
as registry. 



Article 22 

The Administrative Council fulfils, with regard to the International 
Prize Court, the same functions as to the Permanent Court of Arbitra- 
tion, but only representatives of contracting Powers will be members 
of it. 

Article 23 

The International Bureau acts as registry to the International Prize 
Court and must place its offices and staff at the disposal of the Court. 
It has charge of the archives and carries out the administrative work. 

The secretary general of the International Bureau acts as registrar. 

The necessary secretaries to assist the registrar, translators and 
shorthand writers are appointed and sworn in by the Court. 



Language 
used in 
proceedings. 



Article 24 

The Court determines which language it will itself use and what 
languages may be used before it. 

In every case the official language of the national courts which have 
had cognizance of the case may be used before the Court. 



Powers may 
appoint agents 
and counsel. 



Article 25 

Powers which are concerned in a case may appoint special agents 
to act as intermediaries between themselves and the Court. They may 
also engage counsel or advocates to defend their rights and interests. 



THE INTERNATIONAL PRIZE COURT 195 

Article 26 

A private person concerned in a case will be represented before the Attorneys for 
Court by an attorney, who must be either an advocate qualified to plead individuals. 
before a court of appeal or a high court of one of the contracting 
States, or a lawyer practising before a similar court, or lastly, a pro- 
fessor of law at one of the higher teaching centers of those countries. 

Article 27 
For all notices to be served, in particular on the parties, witnesses, How notices 

^ ^ are to be 

or experts, the Court may apply direct to the Government of the State served. 
on whose territory the service is to be carried out. The same rule 
applies in the case of steps being taken to procure evidence. 

The requests for this purpose are to be executed so far as the means 
at the disposal of the Power applied to under its municipal law allow. 
They can not be rejected unless the Power in question considers them 
calculated to impair its sovereign rights or its safety. If the request 
is complied with, the fees charged must only comprise the expenses 
actually incurred. 

The Court is equally entitled to act through the Power on whose 
territory it sits. 

Notices to be given to parties in the place where the Court sits may 
be served through the International Bureau. 

Part III. — Procedure in the International Prize Court ivf°hl1:o"rt. 



X 



Article 28 

An appeal to the International Prize Court is entered by means of a Method and 
^^ "^ time of en- 

written declaration made in the national court which has already tering appeal. 

dealt with the case or addressed to the International Bureau; in the 
latter case the appeal can be entered by telegram. 

The period within which the appeal must be entered is fixed at 120 
days, counting from the day the decision is delivered or notified (Ar- 
ticle 2, paragraph 2). 

Article 29- 

If the notice of appeal is entered in the national court, this Court, J/rec^jf^to" 
without considering the question whether the appeal was entered in ^"'"au*'""^' 



iSee Article 5 of the Additional Protocol, post, p. 206. 
2See Article 6 of the Additional Protocol, post, p. 207. 



196 



CONVENTION XII OF 1907 



Appeal when 
national courts 
fail to give 
final judgment. 



due time, will transmit within seven days the record of the case to the 
International Bureau. 

If the notice of the appeal is sent to the International Bureau, the 
Bureau will immediately inform the national court, when possible by 
telegraph. The latter will transmit the record as provided in the 
preceding paragraph. 

When the appeal is brought by a neutral individual the International 
Bureau at once informs by telegraph the individual's Government, in 
order to enable it to enforce the rights it enjoys under Article 4, para- 
graph 2. 

Article 30 

In the case provided for in Article 6, paragraph 2, the notice of 
appeal can be addressed to the International Bureau only. It must be 
entered within thirty days of the expiration of the period of two years. 



Late appeal 
may be rejected. 



Article 31 

If the appellant does not enter his appeal within the period laid down 
in Articles 28 or 30, it shall be rejected without discussion. 

Provided that he can show that he was prevented from so doing by 
force majeure, and that the appeal was entered within sixty days after 
the circumstances which prevented him entering it before had ceased 
to operate, the Court can, after hearing the respondent, grant relief 
from the effect of the above provision. 



Copy of 
appeal is sent 
to respondent. 



Article 32 

If the appeal is entered in time, a certified copy of the notice of 
appeal is forthwith officially transmitted by the Court to the respondent. 



Appeal of 
other parties. 



Article 33 

If, in addition to the parties who are before the Court, there are 
other parties concerned who are entitled to appeal, or if, in the case 
referred to in Article 29, paragraph 3, the Government who has re- 
ceived notice of an appeal has not announced its decision, the Court 
will await before dealing with the case the expiration of the period laid 
down in Articles 28 or 30. 



THE INTERNATIONAL PRIZE COURT 197 

Article 34 
The procedure before the International Court includes two distinct Pleadings 

* _ and argument. 

parts : the written pleadings and oral discussions. 

The written pleadings consist of the deposit and exchange of cases, 
counter-cases, and, if necessary, of replies, of which the order is fixed 
by the Court, as also the periods within which they must be delivered. 
The parties annex thereto all papers and documents of which they 
intend to make use. 

A certified copy of every document produced by one party must be 
communicated to the other party through the medium of the Court. 

Article 35 

After the close of the pleadings, a public sitting is held on a day Public sitting, 
fixed by the Court. 

At this sitting the parties state their view of the case both as to the 
law and as to the facts. 

The Court may, at any stage of the proceedings, suspend speeches 
of counsel, either at the request of one of the parties, or on their own 
initiative, in order that supplementary evidence may be obtained. 

Article 36 

The International Court may order the supplementary evidence to fvidenc'?.^"'^'^^ 
be taken either in the manner provided by Article 27, or before itself, 
or one or more of the members of the Court, provided that this can 
be done without resort to compulsion or the use of threats. 

If steps are to be taken for the purpose of obtaining evidence by 
members of the Court outside the territory where it is sitting, the 
consent of the foreign Government must be obtained. 

Article 37 

The parties are summoned to take part in all stages of the proceed- ^^n'^/o"™' 
ings and receive certified copies of the minutes. every stage 

o i^^ of proceedings. 

Article 38 

The discussions are under the control of the president or vice-presi- ^ntroUed"^ 
dent, or, in case they are absent or can not act, of the senior judge by president, 
present. 

The judge appointed by a belligerent party can not preside. 



198 



CONVENTION XII OF 1907 



Discussions 
public. 



Minutes. 



Article 39 

The discussions take place in public, subject to the right of a Gov- 
ernment who is a party to the case to demand that they be held in 
private. 

Minutes are taken of these discussions and signed by the president 
and registrar, and these minutes alone have an authentic character. 



Result of 
failure of 
party to 
appear. 



Notification 
of decrees 
or decisions. 



Matters con- 
sidered in 
arriving at 
decision. 



Manner of 

making 

decisions. 



Reasons for 
judgment. 



Method of 

pronouncing 

sentence. 



Article 40 

If a party does not appear, despite the fact that he has been duly 
cited, or if a party fails to comply with some step within the period 
fixed by the Court, the case proceeds without that party, and the Court 
gives judgment in accordance with the material at its disposal. 

Article 41 

The Court officially notifies to the parties decrees or decisions made 
in their absence. 

Article 42 

The Court takes into consideration in arriving at its decision all 
the facts, evidence, and oral statements. 

Article 43 

The Court considers its decision in private and the proceedings are 
secret. 

All questions are decided by a majority of the judges present. If 
the number of judges is even and equally divided, the vote of the 
junior judge in the order of precedence laid down in Article 12, 
paragraph 1, is not counted. 

Article 44 

The judgment of the Court must give the reasons on which it is 
based. It contains the names of the judges taking part in it, and also 
of the assessors, if any; it is signed by the president and registrar. 

Article 45^ 

The sentence is pronounced in public sitting, the parties concerned 
being present or duly summoned to attend; the sentence is officially 
communicated to the parties. 



iSee Article 7 of the Additional Protocol, post, p. 207. 



THE INTERNATIONAL PRIZE COURT 199 

When this communication has been made, the Court transmits to 
the national prize court the record of the case, together with copies 
of the various decisions arrived at and of the minutes of the pro- 
ceedings. 

Article 46 

Each party pays its own costs. T/c^t"* 

The party against whom the Court decides bears, in addition, the 
costs of the trial, and also pays 1 per cent of the value of the subject- 
matter of the case as a contribution to the general expenses of the 
International Court. The amount of these payments is fixed in the 
judgment of the Court. 

If the appeal is brought by an individual, he will furnish the Inter- 
national Bureau with security to an amount fixed by the Court, for the 
purpose of guaranteeing eventual fulfilment of the two obligations men- 
tioned in the preceding paragraph. The Court is entitled to postpone 
the opening of the proceedings until the security has been furnished. 

Article 47 
The general expenses of the International Prize Court are borne General 

_ expenses 

by the contracting Powers in proportion to their share in the composi- °^ Court. 
tion of the Court as laid down in Article 15 and in the annexed table.^ 
The appointment of deputy judges does not involve any contribution. 
The Administrative Council applies to the Powers for the funds 
requisite for the working of the Court. 

Article 48 

When the Court is not sitting, the duties conferred upon it by Ar- ^/'"Juu™^"'^^ 
tide 32, Article 34, paragraphs 2 and 3, Article 35, paragraph 1, and ^""jfo" ^°"iJ,' 
Article 46, paragraph 3, are discharged by a delegation of three judges 
appointed by the Court. This delegation decides by a majority of 
votes. 

Article 49 

The Court itself draws up its own rules of procedure, which must ^roc"dure 
be communicated to the contracting Powers. 

It will meet to elaborate these rules within a year of the ratifica- 
tion of the present Convention. 



^Post, p. 203. 



200 



CONVENTION XII OF 1907 



Modifications 
in present 
Convention. 



Final 
provisions. 



Applicability 
of Convention 



Ratifications. 



Article 50 

The Court may propose modifications in the provisions of the pres- 
ent Convention concerning procedure. These proposals are commu- 
nicated, through the medium of the Netherland Government, to the 
contracting Powers, which will consider together as to the measures 
to be taken. 

Part IV. — Final Provisions 

Article 51 

The present Convention does not apply as of right except when the 
belligerent Powers are all parties to the Convention. 

It is further fully understood that an appeal to the International 
Prize Court can only be brought by a contracting Power or the subject 
or citizen of a contracting Power. 

In the cases mentioned in Article 5, the appeal is only admitted 
when both the owner and the person entitled to represent him are 
equally contracting Powers or the subjects or citizens of contracting 
Powers. 

Article 52 

The present Convention shall be ratified and the ratifications shall 
be deposited at The Hague as soon as all the Powers mentioned in 
Article 15 and in the table annexed are in a position to do so. 

The deposit of the ratifications shall take place, in any case, on the 
30th June, 1909, if the Powers which are ready to ratify furnish nine 
judges and nine deputy judges to the Court, qualified to validly con- 
stitute a Court. If not, the deposit shall be postponed until this con- 
dition is fulfilled. 

A minute of the deposit of ratifications shall be drawn up, of which 
a certified copy shall be forwarded, through the diplomatic channel, 
to each of the Powers referred to in the first paragraph.^ 



Signatures 
and adhesions. 



Article 53 

The Powers referred to in Article 15 and in the table annexed 
are entitled to sign the present Convention up to the deposit of the 
ratifications contemplated in paragraph 2 of the preceding article. 

After this deposit, they can at any time adhere to it, purely and 



iSee Article 8 of the Additional Protocol, post, p. 207. 



THE INTERNATIONAL PRIZE COURT 201 

simply.^ A Power wishing to adhere, notifies its intention in writing 
to the Netherland Government transmitting to it, at the same time, the 
act of adhesion, which shall be deposited in the archives of the said 
Government. The latter shall send, through the diplomatic channel, 
a certified copy of the notification and of the act of adhesion to all 
the Powers referred to in the preceding paragraph, informing them 
of the date on which it has received the notification. 

Article 54 

The present Convention shall come into force six months from the cJnvemion. 
deposit of the ratifications contemplated in Article 52, paragraphs 1 
and 2. 

The adhesions shall take eflfect sixty days after notification of such 
adhesion has been received by the Netherland Government, or as soon 
as possible on the expiration of the period contemplated in the pre- 
ceding paragraph. 

The International Court shall, however, have jurisdiction to deal 
with prize cases decided by the national courts at any time after the 
deposit of the ratifications or of the receipt of the notification of the 
adhesions. In such cases, the period fixed in Article 28, paragraph 2, 
shall only be reckoned from the date when the Convention comes into 
force as regards a Power which has ratified or adhered. 

Article 55 

The present Convention shall remain in force for twelve years from Duration. 
the time it comes into force, as determined by Article 54, paragraph 1, 
even in the case of Powers which adhere subsequently. 

It shall be renewed tacitly from six years to six years unless de- Renewal, 
nounced. 

Denunciation must be notified in writing, at least one year before Denunciation, 
the expiration of each of the periods mentioned in the two preceding 
paragraphs, to the Netherland Government, which will inform all the 
other contracting Powers. 

Denunciation shall only take eflfect in regard to the Power which 
has notified it. The Convention shall remain in force in the case of 
the other contracting Powers, provided that their participation in the 
appointment of judges is sufficient to allow of the composition of the 
Court with nine judges and nine deputy judges. 



iSee Article 9 of the Additional Protocol, post, p. 207. 



202 



CONVENTION XII OF 1907 



Selection of 
judges by 
Administra- 
tive Council. 



Modification 
of Article 15. 



Article 56 

In case the present Convention is not in operation as regards all the 
Powers referred to in Article 15 and the annexed table, the Adminis- 
trative Council shall draw up a list on the lines of that article and table 
of the judges and deputy judges through whom the contracting Powers 
will share in the composition of the Court. The times allotted by the 
said table to judges who are summoned to sit in rota will be redis- 
tributed between the different years of the six-year period in such a 
way that, as far as possible, the number of the judges of the Court in 
each year shall be the same. If the number of deputy judges is greater 
than that of the judges, the number of the latter can be completed by 
deputy judges chosen by lot among those powers which do not nomi- 
nate a judge. 

The list drawn up in this way by the Administrative Council shall 
be notified to the contracting Powers. It shall be revised when the 
number of these Powers is modified as the result of adhesions or de- 
nunciations. 

The change resulting from an adhesion is not made until the 1st 
January after the date on which the adhesion takes effect, unless the 
adhering Power is a belligerent Power, in which case it can ask to be 
at once represented in the Court, the provision of Article 16 being, 
moreover, applicable if necessary. 

When the total number of judges is less than eleven, seven judges 
form a quorum. 

Article 57 

Two years before the expiration of each period referred to in para- 
graphs 1 and 2 of Article 55 any contracting Power can demand a 
m.odification of the provisions of Article 15 and of the annexed table, 
relative to its participation in the composition of the Court. The 
demand shall be addressed to the Administrative Council, which will 
examine it and submit to all the Powers proposals as to the measures 
to be adopted. The Powers shall inform the Administrative Council 
of their decision with the least possible delay. The result shall be at 
once, and at least one year and thirty days before the expiration of 
the said period of two years, communicated to the Power which made 
the demand. 

When necessary, the modifications adopted by the Powers shall come 
into force from the commencement of the fresh period. 



THE INTERNATIONAL PRIZE COURT 



203 



In faith whereof the plenipotentiaries have appended their signatures Signing, 
to the present Convention. 

Done at The Hague, the 18th October, 1907, in a single copy, which ^1^°^ 
shall remain deposited in the archives of the Netherland Government, 
and duly certified copies of which shall be sent, through the diplo- t^^p'i'wers.°'''^^ 
matic channel to the Powers designated in Article 15 and in the table 
annexed. 

[Here follow signatures.] 



Annex to Article 15 

Distribution of Judges and Deputy Judges by Countries for Each Year 

of the Period of Six Years 



JUDGES 



DEPUTY JUDGES 



JUDGES 



DEPUTY JUDGES 



First 


Year 


Second Year 


1 Argentine 


Paraguay 


Argentine 


Panama 


2 Colombia 


Bolivia 


Spain 


Spain 


3 Spain 


Spain 


Greece 


Roumania 


4 Greece 


Roumania 


Norway 


Sweden 


5 Norway 


Sweden 


Netherlands 


Belgium 


6 Netherlands 


Belgium 


Turkey 


Luxemburg 


7 Turkey 


Persia 


Uruguay 


Costa Rica 


Third 


Year 


Fourtt 


h Year 


1 Brazil 


Dominican Rep. 


Brazil 


Guatemala 


2 China 


Turkey 


China 


Turkey 


3 Spain 


Portugal 


Spain 


Portugal 


4 Netherlands 


Switzerland 


Peru 


Honduras 


5 Roumania 


Greece 


Roumania 


Greece 


6 Sweden 


Denmark 


Sweden . 


Denmark 


7 Venezuela 


Haiti 


Switzerland 


Netherlands 


Fifth 


Year 


Sixth 


Year 


1 Belgium 


Netherlands 


Belgium 


Netherlands 


2 Bulgaria 


Montenegro 


Chile 


Salvador 


3 Chile 


Nicaragua 


Denmark 


Norway 


4 Denmark 


Norway 


Mexico 


Ecuador 


5 Mexico 


Cuba 


Portugal 


Spain 


6 Persia 


China 


Servia 


Bulgaria 


7 Portugal 


Spain 


Siam 


China 



204 



THE ADDITIONAL PROTOCOL OF 1910 



Contracting 
Powers. 



Plenipo- 
tentiaries. 



ADDITIONAL PROTOCOL TO THE CONVENTION RELATIVE TO THE 
ESTABLISHMENT OF AN INTERNATIONAL COURT OF PRIZE' 

Signed at The Hague, September 19, 1910 

Germany, the United States of America, the Argentine Republic, 
Austria-Hungary, Belgium, Bolivia, Bulgaria, Chile, Colombia, tlie 
Republic of Cuba, Denmark, Ecuador, Spain, France, Great Britain, 
Guatemala, Haiti, Italy, Japan, Mexico, Norway, Panama, Paraguay, 
the Netherlands, Peru, Persia, Portugal, Salvador, Siam, Sweden, 
Switzerland, Turkey, Uruguay, 

Powers signatory to the Hague Convention dated October 18, 1907, 
for the establishment of an International Court of Prize, 

Considering that for some of these Powers difficulties of a consti- 
tutional nature prevent the acceptance of the said Convention, in its 
present form. 

Have deemed it expedient to agree upon an additional protocol 
taking into account these difficulties without jeopardizing any legiti- 
mate interest and have, to that end, appointed as their plenipoten- 
tiaries, to wit: 

Germany: His Excellency Felix von Miiller, Envoy Extraordinary 
and Minister Plenipotentiary at The Hague. 

The United States of America: James Brown Scott. 

The Argentine Republic: His Excellency Alejandro Guesalaga, En- 
voy Extraordinary and Minister Plenipotentiary at The Hague. 

Austria-Hungary: Baron E. Gudenus, Charge d'Affaires ad inte- 
rim at The Hague. 

Belgium: His Excellency Baron Fallon, Envoy Extraordinary and 
Minister Plenipotentiary at The Hague. 

Bolivia: His Excellency General Ismael Montes, Envoy Extraor- 
dinary and Minister Plenipotentiary at The Hague. 

Bulgaria: His Excellency Dimitri Stancioff, Envoy Extraordinary 
and Minister Plenipotentiary in France and Belgium. 

Chile: His Excellency Federico Puga Borne, Envoy Extraordinary 
and Minister Plenipotentiary at Paris. 

Colombia: His Excellency Ignacio Gutierrez Ponce, Envoy Ex- 
traordinary and Minister Plenipotentiary at The Hague. 

The Republic of Cuba: Miguel Angel Campa, Charge d'Aflfaires 
ad interim at The Hague. 

Denmark: J. W. Grevenkop Castenskjold, Minister Resident at 
The Hague. 



iDe Martens, Nouveau Recueil Generale de Traxtes, 3d Series, vol. vii, p. 72. 



THE INTERNATIONAL PRIZE COURT 205 

Ecuador : His Excellency Victor Manuel Rendon, Envoy Extraor- 
dinary and Minister Plenipotentiary at Paris. 

Spain : His Excellency Jose de la Rica y Calvo, Envoy Extraordinary 
and Minister Plenipotentiary at The Hague. 

France: His Excellency Marcellin Pellet, Envoy Extraordinary and 
Minister Plenipotentiary at The Hague. 

Great Britain : His Excellency Sir George William Buchanan, 
G. C. V. O., K. C. M. G., C. B., Envoy Extraordinary and Minister 
Plenipotentiary at The Hague. 

Guatemala: Francisco de Arce, Charge d'Affaires ad interim at 
The Hague. 

Haiti: His Excellency Georges Sylvain, Envoy Extraordinary and 
Minister Plenipotentiary at Paris. 

Italy : His Excellency Count Giuseppe Sallier de la Tour, Duke of 
Calvello, Envoy Extraordinary and Minister Plenipotentiary at The 
Hague. 

Japan: His Excellency Aimaro Sato, Envoy Extraordinary and 
Minister Plenipotentiary at The Hague. 

Mexico : His Excellency Enrique Olarte, Envoy Extraordinary and 
Minister Plenipotentiary at The Hague. 

Norway : His Excellency George Francis Flagerup, Envoy Extraor- 
dinary and Minister Plenipotentiary at The Hague. 

Panama: Juan Antonio Jimenez, Charge d'Afifaires at The Hac:ue. 

Paraguay: Count Georges du Monceau de Bergendal, Consul of 
Paraguay at Brussels. 

The Netherlands : His Excellency Jonkheer R. de Marees van Swin- 
deren, Minister of Foreign Affairs. 

Peru: His Excellency Manuel Alvarez Calderon, Envoy Extraor- 
dinary and Minister Plenipotentiary in Belgium and Switzerland. 

Persia: His Excellency Mirza Ahmed Khan Sadigh ul-Mulk, En- 
voy Extraordinary and Minister Plenipotentiary at The Hague. 

Portugal: Carlos Rangel de Sampaio, Charge d'Affaires ad interim 
at The Hague. 

Salvador: John Helsmoortel, Consul General of Salvador in Bel- 
gium. 

Siam : His Excellency Phya Visutr Kosa, Envoy Extraordinary and 
Minister Plenipotentiary at The Hague. 

Sweden: His Excellency Count Johan Jacob Albert Ehrensvard, 
Envoy Extraordinary and Minister Plenipotentiary at The Hague. 

Switzerland: Gaston Carlin, Envoy Extraordinary and Minister 
Plenipotentiary at The Hague. 



206 



THE ADDITIONAL PROTOCOL OF 1910 



Turkey: His Excellency Aristarchi Bey, Envoy Extraordinary and 
Minister Plenipotentiary at The Hague. 

Uruguay: Virgilio Sampognaro, Charge d'Affaires at The Hague. 

Who, after depositing their full powers, found to be in good and 
due form, have agreed upon the following: 



Rights of 
Powers signa- 
tory or adher- 
ing to Conven- 
tion of Octo- 
ber 18, 1907. 



In case of an 
action for 
damages. 



Court deter- 
mines amount 
to be allowed, 
if any. 



Article 1 

The Powers signatory or adhering to the Hague Convention of 
October 18, 1907, relative to the establishment of an International 
Court of Prize, which are prevented by difficulties of a constitutional 
nature from accepting the said Convention in its present form, have 
the right to declare in the instrument of ratification or adherence that 
in prize cases, whereof their national courts have jurisdiction, recourse 
to the International Court of Prize can only be exercised against them 
in the form of an action in damages for the injury caused by the 
capture. 

Article 2 

In the case of recourse to the International Court of Prize, in the 
form of an action for damages. Article 8^ of the Convention is not 
applicable; it is not for the Court to pass upon the validity or the 
nullity of the capture, nor to reserve or affirm the decision of the 
national tribunals. 

If the capture is considered illegal, the Court determines the amount 
of damages to be allowed, if any, to the claimants. 



Rules of 
procedure. 



Article 3 

The conditions to which recourse to the International Court of 
Prize is subject by the Convention are applicable to the action in 
damages. 

Article 4 

Under reserve of the provisions hereinafter stated the rules of pro- 
cedure established by the Convention for recourse to the International 
Court of Prize shall be observed in the action in damages. 



In derogation 
of Article 28 
of Convention. 



Article 5 

In derogation of Article 28, paragraph 1, of the Convention, the suit 
for damages can only be brought before the International Court of 



^Ante, p. 191. 



THE INTERNATIONAL PRIZE COURT 207 

Prize by means of a written declaration addressed to the International 
Bureau of the Permanent Court of Arbitration ; the case may even be 
brought before the Bureau by telegram. 

Article 6 
In derogation of Article 29 of the Convention the International i? ^^''ogation 

* of Article 29 

Bureau shall notify directly, and if possible by telegram, the Govern- of Convention, 
ment of the belligerent captor of the declaration of action brought 
before it. 

The Government of the belligerent captor, without considering 
whether the prescribed periods of time have been observed, shall, with- 
in seven days of the receipt of the notification, transmit to the Inter- 
national Bureau the case, appending thereto a certified copy of the 
decision, if any, rendered by the national tribunal. 

Article 7 
In derogation of Article 45, paragraph 2, of the Convention the in derogation 

° . . . . of Article 45 

Court rendering its decision and notifying it to the parties to the suit of Convention, 
shall send directly to the Government of the belligerent captor the 
record of the case submitted to it, appending thereto a copy of the 
various intervening decisions as well as a copy of the minutes of the 
preliminary proceedings. 

Article 8 

The present additional protocol shall be considered as forming an Present proto- 
intesrral part of and shall be ratified at the same time as the Con- integral part 

'^ ^ of treaty. 

vention. 

If the declaration provided for in Article 1 herein above is made 
in the instrument of the ratification, a certified copy thereof shall be 
inserted in the proces-verhal of the deposit of ratifications referred 
to in Article 52, paragraph 3, of the Convention. 

Article 9 

Adherence to the Convention is subordinated to adherence to the Adherence, 
present additional protocol. 

In faith of which the plenipotentiaries have affixed their signatures Signing. 
to the present additional protocol. 



208 



THE ADDITIONAL PROTOCOL OF 1910 



Deposit of 
original. 



Certified copies 
to Powers. 



Done at The Hague on the 19th day of September, 1910, in a single 
copy, which shall remain deposited in the archives of the Government 
of the Netherlands and of which duly certified copies shall be for- 
warded through diplomatic channels to the Powers designated in Ar- 
ticle 15 of the Convention relative to the establishment of an Interna- 
tional Court of Prize of October 18, 1907, and in its appendix. 

[Here follow signatures.] 



SIGNATURES AND RESERVATIONS i 



Both the 1907 Convention and the 
been signed by the following Powers: 
Argentine Republic 
Austria-Hungary 
Belgium 
Bolivia 
Bulgaria 
Chile 
Colombia 
Cuba 
Denmark 
Ecuador 
France 
Germany 
Great Britain 
Guatemala 
Haiti 
Italy 
Japan 



1910 Additional Protocol have 

Mexico 

Netherlands 

Norway 

Panama 

Paraguay 

Persia 

Peru 

Portugal 

Salvador 

Siam 

Spain 

Sweden 

Switzerland 

Turkey 

United States 

Uruguay 



Reservations: 

Chile, Cuba, Ecuador, Guatemala, Haiti, Persia, Salvador, Siam, 
Turkey and Uruguay signed the Convention with reservation of 
Article 15. 



iThe deposit of ratifications provided for in Article 52, paragraph 2 (ante, p. 
200) has not yet taken place. 



CONVENTION (XIII) CONCERNING THE RIGHTS AND DUTIES OF 
NEUTRAL POWERS IN NAVAL WAR 

Signed at The Hague, October 18, 1907 

His Majesty the German Emperor, King of Prussia; [etc.] : 

With a view to harmonizing the divergent views which, in the Purpose of 

° ° ' Convention. 

event of naval war, are still held on the relations between neutral 
Powers and belligerent Powers, and to anticipating the difficulties 
to which such divergence of views might give rise; 

Seeing that, even if it is not possible at present to concert measures 
applicable to all circumstances which may in practice occur, it is 
nevertheless undeniably advantageous to frame, as far as possible, 
rules of general application to meet the case where war has unfor- 
tunately broken out ; 

Seeing that, in cases not covered by the present Convention, it is 
expedient to take into consideration the general principles of the 
law of nations ; 

Seeing that it is desirable that the Powers should issue detailed 
enactments to regulate the results of the attitude of neutrality when 
adopted by them ; 

Seeing that it is, for neutral Powers, an admitted duty to apply 
these rules impartially to the several belligerents ; 

Seeing that, in this category of ideas, these rules should not, in 
principle, be altered, in the course of the war, by a neutral Power, 
except in a case where experience has shown the necessity for such 
change for the protection of the rights of that Power ; 

Have aereed to observe the following common rules, which can not Pienipo- 

■-> o ' tentiaries. 

however modify provisions laid down in existing general treaties, 
and have appointed as their plenipotentiaries, namely: 

[Here follow the names of plenipotentiaries.] 

Who, after having deposited their full powers, found in good and 
due form, have agreed upon the following provisions : 



210 



CONVENTION XIII OF 1907 



Belligerents 
to respect 
rights of 
neutral Powers. 



Article 1 

Belligerents are bound to respect the sovereign rights of neutral 
Powers and to abstain, in neutral territory or neutral waters, from 
any act which would, if knowingly permitted by any Power, con- 
stitute a violation of neutrality. 



Hostile acts 
in neutral 
waters 
forbidden. 



Release of 
ships captured: 
by neutral 
Power; 



by captor 
Government. 



Article 2 

Any act of hostihty, including capture and the exercise of the 
right of search, committed by belligerent war-ships in the territorial 
waters of a neutral Power, constitutes a violation of neutrality and is 
strictly forbidden. 

Article 3 

When a ship has been captured in the territorial waters of a neutral 
Power, this Power must employ, if the prize is still within its jurisdic- 
tion, the means at its disposal to release the prize with its officers and 
crew, and to intern the prize crew. 

If the prize is not in the jurisdiction of the neutral Power, the 
captor Government, on the demand of that Power, must liberate the 
prize with its officers and crew.^ 



Prize courts 
■forbidden in 
neutral 
territory. 



Use of neutral 
ports by 
belligerents 
forbidden. 



Article 4 

A prize court can not be set up by a belligerent on neutral territory 
or on a vessel in neutral waters. 

Article 5 

Belligerents are forbidden to use neutral ports and waters as a 
base of naval operations against their adversaries, and in particular 
to erect wireless telegraphy stations or any apparatus for the purpose 
of communicating with the belHgerent forces on land or sea. 



War supplies 
to belligerents 
forbidden. 



Article 6 

The supply, in any manner, directly or indirectly, by a neutral 
Power to a belligerent Power, of war-ships, ammunition, or war 
material of any kind whatever, is forbidden. 



iSee the reservation of the United States respecting this paragraph, post, 
p. 219. 



NEUTRAL POWERS IN NAVAL WAR 211 

Article 7 
A neutral Power is not bound to prevent the export or transit, for R'ghtof 

. f^ ' export, etc., 

the use of either belligerent, of arms, ammunition, or, in general, of allowed, 
anything which could be of use to an army or fleet. 

Article 8 
A neutral Government is bound to employ the means at its dis- Arming etc., 

^ -' for hostile 

posal to prevent the fitting out or arming of any vessel within its "^%*°n'Jed 
jurisdiction which it has reason to believe is intended to cruise, or by neutral. 
engage in hostile operations, against a Power with which that Gov- 
ernment is at peace. It is also bound to display the same vigilance to 
prevent the departure from its jurisdiction of any vessel intended to 
cruise, or engage in hostile operations, which had been adapted en- 
tirely or partly within the said jurisdiction for use in war. 

Article 9 
A neutral Power must apply impartially to the two belligerents impartiality to 

... . . belligerents. 

the conditions, restrictions, or prohibitions made by it in regard to 
the admission into its ports, roadsteads, or territorial waters, of bel- 
ligerent war-ships or of their prizes. 

Nevertheless, a neutral Power may forbid a belligerent vessel which Prohibitions 

"^ /^ _ allowed. 

has failed to conform to the orders and regulations made by it, or 
which has violated neutrality, to enter its ports or roadsteads. 

Article 10^ 

The neutrality of a Power is not affected by the mere passage Passing 
through its territorial waters of war-ships or prizes belonging to neutral 
belligerents. allowed. 

Article IP 

A neutral Power may allow belligerent war-ships to employ its Pilots, 
licensed pilots. 

Article 12^ 

In the absence of special provisions to the contrary in the legisla- Temporary 

^ ^ _ . stay in ports. 

tion of a neutral Power, belligerent war-ships are not permitted to 
remain in the ports, roadsteads, or territorial waters of the said Power 



^See the declaration of Turkey as to the Dardanelles and Bosphorus, post, 
p. 219. 

-Germany made reservation of Article 11. 

^The Dominican Republic, Germany, Persia and Siam made reservation o£ 
Article 12. 



212 



CONVENTION XIII OF 1907 



Departure of 
war-ships on 
outbreak of 
hostilities. 



Detention by 
reason of 
damage, etc. 



Vessels 
permitted 
to remain. 



Maximum of 
war-ships 
allowed 
in ports. 



for more tTlan twenty-four hours, except in the cases covered by the 
present Convention. 

Article 13^ 

If a Power which has been informed of the outbreak of hostilities 
learns that a belligerent war-ship is in one of its ports or roadsteads, 
or in its territorial waters, it must notify the said ship to depart 
within twenty-four hours or within the time prescribed by local 
regulations. 

Article 14 

A belligerent war-ship may not prolong its stay in a neutral port 
beyond the permissible time except on account of damage or stress of 
weather. It must depart as soon as the cause of the delay is at an 
end. 

The regulations as to the question of the length of time which 
these vessels may remain in neutral ports, roadsteads, or waters, do 
not apply to war-ships devoted exclusively to religious, scientific, or 
philanthropic purposes.^ 

Article 15 

In the absence of special provisions to the contrary in the legisla- 
tion of a neutral Power, the maximum number of war-ships belong- 
ing to a belligerent which may be in one of the ports or roadsteads of 
that Power simultaneously shall be three. 



Departure 
of war-ships 
of both 
belligerents. 



Order of 
departure. 



Allowance to 
merchant ships. 



Article 16 

When war-ships belonging to both belligerents are present simul- 
taneously in a neutral port or roadstead, a period of not less than 
twenty-four hours must elapse between the departure of the ship 
belonging to one belligerent and the departure of the ship belonging 
to the other. 

The order of departure is determined by the order of arrival, 
unless the ship which arrived first is so circumstanced that an exten- 
sion of its stay is permissible. 

A belligerent war-ship may not leave a neutral port or roadstead 
until twenty- four hours after the departure of a merchant ship flying 
the flag of its adversary. 



^Germany made reservation of Article 13. 
2China made reservation of this paragraph. 



NEUTRAL POWERS IN NAVAL WAR 213 

Article 17 

In neutral ports and roadsteads belligerent war-ships may only carry Repairs 
out such repairs as are absolutely necessary to render them seaworthy, war-ships. 
and may not add in any manner whatsoever to their fighting force. 
The local authorities of the neutral Power shall decide what re- 
pairs are necessary, and these must be carried out with the least possible 
delay. 

Article 18 

Belligerent war-ships may not make use of neutral ports, road- ^cfrls°^et'c''"b"' 
steads, or territorial waters for replenishing or increasing their sup- ^''^'u^i']''^ 
plies of war material or their armament, or for completing their 
crews. 

Article 19^ 

Belligerent war-ships may only revictual in neutral ports or road- Revictuaiing 
steads to bring up their supplies to the peace standard. 

Similarly these vessels may only ship sufficient fuel to enable them ^"^'• 
to reach the nearest port in their own country. They may, on the 
other hand, fill up their bunkers built to carry fuel, when in neutral 
countries which have adopted this method of determining the amount 
of fuel to be supplied. 

If, in accordance with the law of the neutral Power, the ships are Tirnefor 

coaling. 

not supplied with coal within twenty-four hours of their arrival, the 
permissible duration of their stay is extended by twenty-four hours. 

Article 20^ 

Belligerent war-ships which have shipped fuel in a port belonging ^^^^'''q''";^ 
to a neutral Power may not within the succeeding three months 
replenish their supply in a port of the same Power. 

Article 2P 

A prize may only be brought into a neutral port on account of unsea- when prizes 
worthiness, stress of weather, or want of fuel or provisions. neutral ports. 

It must leave as soon as the circumstances which justified its entry Duration 
are at an end. If it does not, the neutral Power must order it to 
leave at once; should it fail to obey, the neutral Power must employ 
the means at its disposal to release it with its officers and crew and 
to intern the prize crew. 



^China, Great Britain, Japan, Persia and Siam made reservation of Article 19. 
^Germany made reservation of Article 20. 
^Persia made reservation of Article 2L 



214 



CONVENTION XIII OF 1907 



Release 
of prizes. 



Sequestration 
of prizes. 



Prize crews. 



Article 22 

A neutral Power must, similarly, release a prize brought into one 
of its ports under circumstances other than those referred to in 
Article 21. 

Article 23^ 

A neutral Power may allow prizes to enter its ports and roadsteads, 
whether under convoy or not, when they are brought there to be 
sequestrated pending the decision of a Prize Court. It may have the 
prize taken to another of its ports. 

If the prize is convoyed by a war-ship, the prize crew may go on 
board the convoying ship. 

If the prize is not under convoy, the prize crew are left at liberty. 



Detention of 
war-ships 
refusing 
to leave. 



Ofificers 
and crew. 



Disposition. 



Officers 
paroled. 



Article 24 

If, notwithstanding the notification of the neutral Power, a bel- 
ligerent ship of war does not leave a port where it is not entitled to 
remain, the neutral Power is entitled to take such measures as it con- 
siders necessary to render the ship incapable of taking the sea during 
the war, and the commanding officer of the ship must facilitate the 
execution of such measures. 

When a belligerent ship is detained by a neutral Power, the offi- 
cers and crew are likewise detained. 

The officers and crew thus detained may be left in the ship or 
kept either on another vessel or on land, and may be subjected to the 
measures of restriction which it may appear necessary to impose 
upon them. A sufficient number of men for looking after the vessel 
must, however, be always left on board. 

The officers may be left at liberty on giving their word not to quit 
the neutral territory without permission. 



Surveillance by 
neutral Powers. 



Article 25 

A neutral Power is bound to exercise such surveillance as the 
means at its disposal allow to prevent any violation of the provisions 
of the above articles occurring in its ports or roadsteads or in its 
waters. 



iReservations as to this article were made by Great Britain, Japan, Siam and 
the United States. 



NEUTRAL POWERS IN NAVAL WAR 215 

Article 26 

The exercise by a neutral Power of the rights laid down in the n^u"irri°hts 
present Convention can under no circumstances be considered as an ""lendiy act 
unfriendly act by one or other belligerent who has accepted the articles 
relating thereto. 

Article 27^ 

The contracting Powers shall communicate to each other in due Pjomuigation 

° of laws, etc., 

course all laws, proclamations, and other enactments regulating in '" ^°''*^^- 
their respective countries the status of belligerent war-ships in their 
ports and waters, by means of a communication addressed to the Gov- 
ernment of the Netherlands, and forwarded immediately by that Gov- 
ernment to the other contracting Powers. 

Article 28 

The provisions of the present Convention do not apply except be- p°^g''^'^*'"2 
tween contracting Powers, and then only if all the belligerents are par- °^^y affected. 
ties to the Convention. 

Article 29 

The present Convention shall be ratified as soon as possible. Ratification. 

The ratifications shall be deposited at The Hague. TheHa u^e 

The first deposit of ratifications shall be recorded in a proces-verbal 
signed by the representatives of the Powers which take part therein 
and by the Netherland Minister for Foreign Affairs. 

The subsequent deposits of ratifications shall be made by means of 
a written notification addressed to the Netherland Government and 
accompanied by the instrument of ratification. 

A duly certified copy of the proces-verbal relative to the first de- ['cfpo^'e'^s"^'** 
posit of ratifications, of the ratifications mentioned in the preceding 
paragraph, as well as of the instruments of ratification, shall be at 
once sent by the Netherland Government, through the diplomatic 
channel, to the Powers invited to the Second Peace Conference, as 
well as to the other Powers which have adhered to the Convention. 
In the cases contemplated in the preceding paragraph, the said Gov- 
ernment shall inform them at the same time of the date on which it 
received the notification. 



^China made reservation of this article. 



216 



CONVENTION XIII OF 1907 



Adhesion of 
non-signatory 
Powers. 
Notification 
of intent. 



Communication 
to other 
Powers. 



Article 30 

Non-signatory Powers may adhere to the present Convention. 

The Power which desires to adhere notifies in writing its inten- 
tion to the Netherland Government, forwarding to it the act of adhe- 
sion, which shall be deposited in the archives of the said Government. 

That Government shall at once transmit to all the other Powers a 
duly certified copy of the notification as well as of the act of adhesion, 
mentioning the date on which it received the notification. 



Effect of 
ratification. 



Article 31 

The present Convention shall come into force in the case of the 
Powers which were a party to the first deposit of the ratifications, 
sixty days after the date of the proces-verbal of that deposit, and, in 
the case of the Powers who ratify subsequently or who adhere, sixty 
days after the notification of their ratification or of their decision 
has been received by the Netherland Government. 



Denunciation. 



Notifying 
Power only 
affected. 



Register. 



Signing. 



Deposit 
of original. 



Article 32 

In the event of one of the contracting Powers wishing to denounce 
the present Convention, the denunciation shall be notified in writing 
to the Netherland Government, who shall at once communicate a duly 
certified copy of the notification to all the other Powers, informing 
them of the date on which it was received. 

The denunciation shall only have effect in regard to the notifying 
Power, and one year after the notification has been made to the Nether- 
land Government. 

Article 33 

A register kept by the Netherland Ministry for Foreign Affairs 
shall give the date of the deposit of ratifications made by Article 29, 
paragraphs 3 and 4, as well as the date on which the notifications of 
adhesion (Article 30, paragraph 2) or of denunciation (Article 32, 
paragraph 1) have been received. 

Each contracting Power is entitled to have access to this register and 
to be supplied with duly certified extracts. 

In faith whereof the plenipotentiaries have appended their signa- 
tures to the present Convention. 

Done at The Hague, the 18th October, 1907, in a single copy, which 



NEUTRAL POWERS IN NAVAL WAR 



217 



shall remain deposited in the archives of the Netherland Government, 

and duly certified copies of which shall be sent, through the diplo- to'powers"'''^* 

matic channel, to the Powers which have been invited to the Second 

Peace Conference. 

[Here follow signatures.] 



RATIFICATIONS, ADHESIONS AND RESERVATIONS 

The foregoing Convention was ratified by the following signatory 
Powers on the dates indicated: 

Austria-Hungary November 27, 1909 

Belgium August 8, 1910 

Brazil January 5, 1914 

Denmark November 27, 1909 

France October 7, 1910 

Germany November 27, 1909 

Guatemala March 15, 1911 

Haiti February 2, 1910 

Japan December 13, 1911 

Luxemburg September 5, 1912 

Mexico November 27, 1909 

Netherlands November 27, 1909 

Norway September 19, 1910 

Panama September 11, 1911 

Portugal April 13, 1911 

Roumania March 1, 1912 

Russia November 27, 1909 

Salvador November 27, 1909 

Siam March 12, 1910 

Sweden November 27, 1909 

Switzerland May 12, 1910 



Adhesions: 

China January 15, 1910 

Liberia February 4, 1914 

Nicaragua December 16, 1909 

United States December 3, 1909 



218 CONVENTION XIII OF 1907 

The following Powers signed the Convention but have not yet 
ratified : 

Argentine Republic Italy 

Bolivia Montenegro 

Bulgaria Paraguay 

Chile Persia 

Colombia Peru 

Dominican Republic Servia 

Ecuador Turkey 

Great Britain Uruguay 

Greece Venezuela 

Reservations:^ 
China 

Adhesion with reservation of paragraph 2 of Article 14, para- 
graph 3 of Article 19, and of Article 27. 

Dominican Republic 

With reservation regarding Article 12. 

Germany 

Under reservation of Articles 11, 12, 13 and 20.^ 

Great Britain 

Under reservation of Articles 19 and 23. 

Japan 

With reservation of Articles 19 and 23.^ 

Persia 

Under reservation of Articles 12, 19 and 21. 

Siam 

Under reservation of Articles 12, 19 and 23.^ 

Turkey 

Under reservation of the declaration concerning Article 10 
contained in the proces-verhal of the eighth plenary session 
of the Conference held on October 9, 1907. 



^All these reservations, except those of China and the United States, were 
made at signature. 

^Reservation maintained at ratification. 



NEUTRAL POWERS IN NAVAL WAR 219 

Extract from the proces-verbal: 

The Ottoman delegation declares that the straits of the Dar- 
danelles and the Bosphorus can not in any case be referred to by 
Article 10. The Imperial Government could undertake no en- 
gagement whatever tending to limit its undoubted rights over 
these straits.^ 

United States 

The act of adhesion contains the following reservation : 

That the United States adheres to the said Convention, sub- 
ject to the reservation and exclusion of its Article 23 and with 
the understanding that the last clause of Article 3 thereof implies 
the duty of a neutral Power to make the demand therein men- 
tioned for the return of a ship captured within the neutral 
jurisdiction and no longer within that jurisdiction. 



^Statement of Turkhan Pasha. Actes et documents, vol. i, p. 285. 



THE HAGUE DECLARATIONS OF 1899 (IV, 1) AND 1907 (XIV) 

PROHIBITING THE DISCHARGE OF PROJECTILES 

AND EXPLOSIVES FROM BALLOONS 



International 
Declaration. 



Launching 
projectiles 
from balloons, 
etc., prohibited. 



1899 

Declaration (IV, 1) to pro- 
hibit for the term of five years 
the launching of projectiles and 
explosives from balloons, and 
other new methods of a similar 
nature. — Signed at The Hague, 
July 29, 1899. 

The undersigned, plenipotentia- 
ries of the Powers represented at 
the International Peace Confer- 
ence at The Hague, duly author- 
ized to that effect by their Govern- 
ments, inspired by the sentiments 
which found expression in the 
Declaration of St. Petersburg of 
the 29th November (11th Decem- 
ber), 1868, 



Declare that: 

The contracting Powers agree 
to prohibit, for a term of five 
years, the launching of projectiles 
and explosives from balloons, or 
by other new methods of similar 
nature. 



1907 

Declaration (XIV) prohibiting 
the discharge of projectiles and 
explosives from balloons. — 
Signed at The Hague, October 
18, 1907.^ 



The undersigned, plenipotentia- 
ries of the Powers minted to the 
Second International Peace Con- 
ference at The Hague, duly au- 
thorized to that effect by their 
Governments, inspired by the 
sentiments which found expres- 
sion in the Declaration of St. 
Petersburg of the 29th November 
(11th December), 1868, and being 
desirous of renewing the declara- 
tion of The Hague of the 2pth 
July, i8pp, ivhich has now ex- 
pired, 

Declare : 

The contracting Powers agree 
to prohibit, for a period extend- 
ing to the close of the Third Peace 
Conference, the discharge of pro- 
jectiles and explosives from bal- 
loons or by other new methods of 
a similar nature. 



i^Italics indicate dififerences between the Declarations of 1899 and 1907. 



DECLARATIONS ON PROJECTILES FROM BALLOONS 221 



1899 

The present Declaration is only 
binding on the contracting Powers 
in case of war between two or 
more of them. 

It shall cease to be binding from 
the time when, in a war between 
the contracting Powers, one of the 
belligerents is joined by a non- 
contracting Power. 

The present Declaration shall be 
ratified as soon as possible. 

The ratifications shall be de- 
posited at The Hague. 

A proces-verbal shall be drawn 
up on the receipt of each ratifica- 
tion, of which a copy, duly certi- 
fied, shall be sent through the 
diplomatic channel to all the con- 
tracting Powers. 

The non-signatory Powers may 
adhere to the present Declaration. 
For this purpose they must make 
their adhesion known to the con- 
tracting Powers by means of a 
written notification addressed to 
the Netherland Government, and 
communicated by it to all the other 
contracting Powers. 

In the event of one of the high 
contracting Parties denouncing 
the present Declaration, such de- 
nunciation shall not take effect 
until a year after the notification 
made in writing to the Netherland 
Government, and by it forthwith 
communicated to all the other 
contracting Powers. 

This denunciation shall only 
affect the notifying Powder. 



1907 

The present Declaration is only 
binding on the contracting Powers 
in case of war between two or 
more of them. 

It shall cease to be binding from 
the time when, in a war between 
the contracting Powers, one of the 
belligerents is joined by a non- 
contracting Power. 

The present Declaration shall be 
ratified as soon as possible. 

The ratifications shall be de- 
posited at The Hague. 

A proces-verbal shall be drawn 
up recording the receipt of the 
ratifications, of which a duly 
certified copy shall be sent, 
through the diplomatic channel, 
to all the contracting Powers. 

Non-signatory Powers may ad- 
here to the present Declaration. 
To do so, they must make known 
their adhesion to the contracting 
Powers by means of a written no- 
tification, addressed to the Neth- 
erland Government, and com- 
municated by it to all the other 
contracting Powers. 

In the event of one of the high 
contracting Parties denouncing 
the present Declaration, such de- 
nunciation shall not take effect 
until a year after the notification 
made in writing to the Netherland 
Government, and forthwith com- 
municated by it to all the other 
contracting Powers. 

This denunciation shall only 
have effect in regard to the noti- 
fying' Power. 



Power* bound. 



Exemption. 



Ratification. 



Deposit at 
The Hague. 

Certified copies 
to Powers. 



Adhesion of 

non-signatory 

Powers. 



Denunciation. 



Notifying 

Power 

only afltecfed. 



222 DECLARATIONS ON PROJECTILES FROM BALLOONS 

1899 1907 

Signing. j^ £^j|.j^ q£ ^i^ich the plenipo- In faith whereof the plenipo- 
tentiaries have signed the present tentiaries have appended their 
Declaration, and affixed their seals signatures to the present Declara- 
thereto. tion, 

?/ori*nai. ^one at The Hague, the 29th Done at The Hague, the i8th 

July, 1899, in a single copy, w^hich October, ipo/, in a single copy, 

shall be kept in the archives of the which shall remain deposited in 

Netherland Government, and of the archives of the Netherland 

which copies, duly certified, shall Government, and duly certified 

be sent through the diplomatic copies of which shall be sent, 

channel to the contracting Powers, through the diplomatic channel, 

to the contracting Powers. 

[Here follow signatures.] [Here follow signatures.] 



RATIFICATIONS, ADHESIONS AND RESERVATIONS 

The 1899 Declaration was ratified by the following signatory 
Powers on the dates indicated : 

Austria-Hungary September 4, 1900 

Belgium September 4, 1900 

Bulgaria September 4, 1900 

China November 21, 1904 

Denmark September 4, 1900 

France September 4, 1900 

Germany September 4, 1900 

Greece April 4, 1901 

Italy September 4, 1900 

Japan October 6, 1900 

Luxemburg July 12, 1901 

Mexico April 17, 1901 

Montenegro October 16, 1900 

Netherlands September 4, 1900 

Norway (See Sweden and Norway.) 

Persia September 4, 1900 

Portugal September 4, 1900 

Roumania September 4, 1900 

Russia September 4, 1900 



DECLARATIONS ON PROJECTILES FROM BALLOONS 223 

Servia May 11, 1901 

Siam September 4, 1900 

Spain September 4, 1900 

Sweden and Norway September, 4, 1900 

Switzerland December 29, 1900 

United States September 4, 1900 

Adhesions: none. 



Power which signed but did not ratify: Turkey. 



Reservations: none. 



The 1907 Declaration was ratified by the following signatory 
Powers on the dates indicated : 



Belgium August 8 

Bolivia November 27 

Brazil January 5 

China November 27 

Great Britain November 27 

Haiti February 2 

Luxemburg September 5 

Netherlands November 27 

Norway September 19 

Panama September 1 1 

Portugal April 13 

Salvador November 27 

Siam March 12 

Switzerland May 12 

United States November 27 



1910 
1909 
1914 
1909 
1909 
1910 
1912 
1909 
1910 
1911 
1911 
1909 
1910 
1910 
1909 



Adhesions: 

Liberia February 4. 1914 

Nicaragua December 16, 1909 



224 DECLARATIONS ON PROJECTILES FROM BALLOONS 

The following Powers signed the Declaration but have not yet 
ratified : 

Argentine Republic Ecuador 

Austria-Hungary Greece 

Bulgaria Persia 

Colombia Peru 

Cuba Turkey 

Dominican Republic Uruguay 

Reservations: none. 



DECLARATION (IV, 2) CONCERNING ASPHYXIATING GASES 
Signed at The Hague, July 29, 1899 

The undersigned, plenipotentiaries of the Powers represented at the 
International Peace Conference at The Hague, duly authorized to that 
effect by their Governments, inspired by the sentiments which found 
expression in the Declaration of St. Petersburg of the 29th November 
(11th December), 1868. 

Declare as follows : 

The contracting Powers agree to abstain from the use of projectiles 
the sole object of which is the diffusion of asphyxiating or deleterious 
gases. 

The present Declaration is only binding on the contracting Powers 
in the case of a war between two or more of them. 

It shall cease to be binding from the time when, in a war between 
the contracting Powers, one of the belligerents shall be joined by a 
non-contracting Power. 

The present Declaration shall be ratified as soon as possible. 

The ratifications shall be deposited at The Hague. 

A proces-verhal shall be drawn up on the receipt of each ratifica- 
tion, a copy of which, duly certified, shall be sent through the diplo- 
matic channel to all the contracting Powers. 

The non-signatory Powers can adhere to the present Declaration. 
For this purpose they must make their adhesion known to the con- 
tracting Powers by means of a written notification addressed to the 
Netherland Government, and by it communicated to all the other con- 
tracting Powers. 

In the event of one of the high contracting Parties denouncing 
the present Declaration, such denunciation shall not take effect until 
a year after the notification made in writing to the Government of the 
Netherlands, and forthwith communicated by it to all the other con- 
tracting Powers. 

This denunciation shall only affect the notifying Power. 



Preamble. 



Abstention from 
use of projectiles 
diffusing 
asphyxiating gases. 



Powers bound. 



Exemption. 



Ratification. 

Deposit at 
The Hague. 
Notification 
to Powers. 



Adhesion. 



Denunciation. 



Notifying Power 
only affected. 



226 DECLARATION OF 1899 ON ASPHYXIATING GASES 

Signing. j^ faith of which the plenipotentiaries have signed the present 

Declaration, and affixed their seals thereto. 
Deposit of Done at The Hague, the 29th July, 1899, in a single copy, which shall 

original. . . a tr j ^ 

be kept in the archives of the Netherland Government, and copies of 
Certified copies which, duly certified, shall be sent by the diplomatic channel to the 

to Powers. . ^ ■' ^ 

contracting rowers. 

[Here follow signatures.] 



RATIFICATIONS. ADHESIONS AND RESERVATIONS 

The foregoing Declaration was ratified by all the signatory Powers 
on the dates indicated : 

Austria-Hungary September 4, 1900 

Belgium September 4, 1900 

Bulgaria September 4, 1900 

China November 21, 1904 

Denmark September 4, 1900 

France September 4, 1900 

Germany September 4, 1900 

Greece April 4, 1901 

Italy September 4, 1900 

Japan October 6, 1900 

Luxemburg July 12, 1901 

Mexico April 17, 1901 

Montenegro October 16, 1900 

Netherlands September 4, 1900 

Norway (See Sweden and Norway.) 

Persia September 4, 1900 

Portugal September 4, 1900 

Roumania September 4, 1900 

Russia September 4, 1900 

Servia May 11, 1901 

Siam September 4, 1900 

Spain September 4, 1900 

Sweden and Norway September 4, 1900 

Switzerland December 29, 1900 

Turkey June 12, 1907 

Adhesions: 

Great Britain August 30, 1907 

Nicaragua October 11, 1907 

Reservations: none. 



DECLARATION (IV, 3) CONCERNIiMG EXPANDING BULLETS 
Signed at The Hague, July 29, 1899 

The undersigned, plenipotentiaries of the Powers represented at the 
International Peace Conference at The Hague, duly authorized to that 
effect by their Governments, inspired by the sentiments which found 
expression in the Declaration of St. Petersburg of the 29th November 
(11th December), 1868, 

Declare as follows: 

The contracting Parties agree to abstain from the use of bullets 
which expand or flatten easily in the human body, such as bullets with 
a hard envelope which does not entirely cover the core or is pierced 
with incisions. 

The present Declaration is only binding for the contracting Powers 
in the case of a war between two or more of them. 

It shall cease to be binding from the time when, in a war between 
the contracting Powers, one of the belligerents is joined by a 
non-contracting Power. 

The present Declaration shall be ratified as soon as possible. 

The ratification shall be deposited at The Hague. 

A proces-verhal shall be drawn up on the receipt of each ratifica- 
tion, a copy of which, duly certified, shall be sent through the diplo- 
matic channel to all the contracting Powers. 

The non-signatory Powers may adhere to the present Declaration. 
For this purpose they must make their adhesion known to the con- 
tracting Powers by means of a written notification addressed to the 
Netherland Government, and by it communicated to all the other con- 
tracting Powers. 

In the event of one of the high contracting Parties denouncing 
the present Declaration, such denunciation shall not take efifect until 
a year after the notification made in writing to the Netherland Govern- 
ment, and forthwith communicated by it to all the other contracting 
Powers. 

This denunciation shall only affect the notifying Power. 



Preamble. 



Abstention from 
use of expand- 
ing bullets. 



Powers bound. 



Exemption. 



Ratification. 

Deposit at 
The Hague. 

Notification 
to Powers. 



Adhesion. 



Denunciation. 



Notifying Power 
only affected. 



228 DECLARATION OF 1899 ON EXPANDING BULLETS 

Signing. jjj is^iih. of which the plenipotentiaries have signed the present 

Declaration, and have affixed their seals thereto. 
^^n^°^ Done at The Hague, the 29th July, 1899, in a single copy, which shall 

be kept in the archives of the Netherland Government, and of which 
S Powis°'''" copies, duly certified, shall be sent through the diplomatic channel to 

the contracting Powers. 
[Here follow signatures.] 



RATIFICATIONS. ADHESIONS AND RESERVATIONS 

The foregoing Declaration was ratified by all the signatory Powers 
on the dates indicated: 

Austria-Hungary September 4, 1900 

Belgium September 4, 1900 

Bulgaria September 4, 1900 

China November 21, 1904 

Denmark September 4, 1900 

France September 4, 1900 

Germany September 4, 1900 

Greece April 4, 1901 

Italy September 4, 1900 

Japan October 6, 1900 

Luxemburg July 12, 1901 

Mexico April 17, 1901 

Montenegro October 16, 1900 

Netherlands September 4, 1900 

Norway (See Sweden and Norway.) 

Persia September 4, 1900 

Roumania September 4, 1900 

Russia September 4, 1900 

Servia May 11, 1901 

Siam September 4, 1900 

Spain September 4, 1900 

Sweden and Norway September 4, 1900 

Switzerland December 29, 1900 

Turkey June 12, 1907 

Adhesions: 

Great Britain August 30, 1907 

Nicaragua October 11, 1907 

Portugal August 29, 1907 

Reservations : none. 



SUMMARY 



OF THE 



SIGNATURES, RATIFICATIONS, ADHESIONS 

AND RESERVATIONS 



TO THE 



CONVENTIONS AND DECLARATIONS OF THE 

FIRST CONFERENCE 



230 



CONVENTIONS AND DECLARATIONS OF 1899 







I 


II 


Ill 


IV(1) 


IV(2) 


IV(3) 




Abbreviations 

S — signed. 
Rat. — ratified. 
Adh. — adhered. 
Res. — reservation. 




Conven- 
tion for 
the pa- 
cific set- 
tlement 
of inter- 
national 
disputes 


Conven- 
tion 
with 

respect 

to the 

laws 

and 

customs 
of war 

on land 


Conven- 
tion for 

the 
adapta- 
tion to 
mari- 
time 
warfare 
of the 
prin- 
ciples of 

the 
Geneva 
Conven- 
tion 


Declara- 
tion 
prohibit- 
ing the 
launch- 
ing of 
projec- 
tiles or 
explo- 
sives 
from 
balloons 


Declara- 
tion con- 
cerning 
asphyx- 
iating 
gases 


Declara- 
tion con- 
cerning 
expand- 
ing bul- 
lets 


Final 
Act 


Argrentine Republic 

Adh. June 17, 1907; June 
1907, as to Convention I. 


IS, 


Adh. 

S 

Rat. 
S 
Rat. 


Adh. 

S 

Rat. 
S 
Rat. 


Adh. 

S 

Rat. 
S 
Rat. 










S 

Rat. 
S 
Rat. 


S 

Rat. 
S 
Rat. 


S 

Rat. 
S 
Rat. 


S 


Rat Sent 4 1900 


TiAlcriiim ..••••••• 


S 


Rat Sent 4 1900 




Adh. Feb. 7, 1907; June 15.1907, 
as to Convention I. 


Adh, 




Adh. 


Adh. 


















Adh. Feb. 25, 1907; June 
1907, as to Convention I. 


15, 


Adh. 

S 
Rat. 


Adh. 

S 
Rat. 


Adh. 

S 
Rat. 










S 
Rat. 


S 
Rat. 


S 
Rat. 


S 


Rat '^i»nt 4 1 0flfl 


Phllfl 




Adh. June 19, 1907; June 
1907, as to Convention I. 
China ... 


15. 


Adh. 

S 
Rat. 


Adh. 


Adh. 

I s 

Rat. 


S 
Rat. 


S 
Rat. 


S 
Rat. 


S 


Rat. Nov. 21, 1904; Adh. J 
12, 1907. 


una 


Adh. 


Adh. Jan. 30, 1907; June 
1907, as to Convention I. 


IS. 


Adh. 


Adh. 


Adh. 










Adh. June 15, 1907, April 
1907, and June 29, 1907, as 
Conventions I, II, and III, 
spectively. 
Donmarlc 


17, 

to 

re- 


Adh. 

S 
Rat. 


Adh. 

S 
Rat. 


Adh. 

S 
Rat. 


S 
Rat. 


S 
Rat. 






S 
Rat. 


s 


Rat Sent. 4. 1900 




Adh. June 15, 1907, April 
1907, and June 29, 1907, as 
Conventions I, II and III 


13, 

to 

re- 


Adh. 


Adh. 


Adh. 


















Adh. July 3, 1907, July 31. 1907, 
and Aug. 5, 1907, as to Con- 

spectivcly. 
Franc© 


Adh. 

S 

Rat. 
S 
Rat. 


Adh. 

S 
Rat. 

S 
Rat. 


Adh. 

S 

Rat. 

S res. 
Rat. 


S 

Rat. 
S 
Rat. 


S 

Rat. 
S 
Rat. 


S 

Rat. 
S 
Rat. 


S 
S 


Rat Sept. 4. 1900 


Germajiv 


Rat. Sept. 4, 1900 





CONVENTIONS AND DECLARATIONS OF 1899 



231 



Abbreviations 

S — signed. 
Rat. — ratified. 
Adh. — adhered. 
Res. — reservation. 


I 

Conven- 
tion for 
the pa- 
cific set- 
tlement 
of inter- 
national 
disputes 


II 

Conven- 
tion 
with 
respect 
to the 
laws 
and 
customs 
of war 
on land 


Ill 

Conven- 
tion for 

the 
adapta- 
tion to 
mari- 
time 
warfare 
of the 
prin- 
ciples of 

the 
Geneva 
Conven- 
tion 


IV(1) 

Declara- 
tion 
prohibit- 
ing the 
launch- 
ing of 
projec- 
tiles or 
explo- 
sives 
from 
balloons 


IV(2) 

Declara- 
tion con- 
cerning 
asphyx- 
iating 
gases 


IV(3) 

Declara- 
tion con- 
cerning 
expand- 
ing bul- 
lets 


Final 
Act 


Great Britain 


S 
Rat. 

S 
Rat. 


S 
Rat. 

S 
Rat. 


S res 






Adh 

S 
Rat. 


S 
S 


Rat. Sept. 4, 1900; Adh. Aug. 


Rat. 

S 
Rat. 




Adh. 

S 
Rat. 


30, 1907. 


S 
Rat. 


Rat. Apr. 4, 1901 


Guatemala 


Adh. June IS, 1907, May 2, 1906, 
and Apr. 6, 1903, as to Conven- 
tions I, II, and III, respectively. 
Haiti 


Adh. 


Adh. 


Adh. 


















Adh. June IS, 1907, May 24, 
1907, and June 29, 1907, as to 
Conventions I, II, and III, re- 
spectively. 
HondHras 


Adh. 


Adh. 


Adh. 


















Adh. Aug. 21, 1906 




Adh. 

S 

Rat 

S 

Rat. 


Adh. 

S 

Rat. 

S 

Rat. 


S 

Rat. 
S 
Rat. 


 • 

S 

Rat. 
S 
Rat. 






Italy 


S 
Rat 

S 
Rat. 


S 

Rat. 
S 
Rat. 


s 
s 


Rat. Sept. 4, 1900 


Japan 


Rat. Oct 6, 1900 


Korea 


Adh. Mar. 17, 1903; Feb. 7, 




Adh. 

S 

Rat. 

S 

Rat. 

S 

Rat. 

S 

Rat. 


Adh. 

S 

Rat. 

S 

Rat. 

S 

Rat. 

S 

Rat. 










1903, as to Convention III. 
Luxemburg 


S 
Rat 

S 

Rat. 

S 

Rat 

S 

Rat 


S 

Rat. 

S 

Rat. 

S 

Rat. 

S 

Rat 


S 

Rat. 

S 

Rat. 

S 

Rat. 

S 

Rat. 


S 

Rat. 

S 

Rat. 

S 

Rat. 

S 

Rat 


S 


Rat. July 12, 1901 


Mexico 


s 


Rat. Apr. 17, 1901 


Montenegro 


S 

s 


Rat. Oct. 16, 1900 


Netherlands 


Rat. Sept. 4, 1900 


Nicaragua 




Adh. June IS, 1907, as to Con- 


Adh. 

S 
Rat. 


Adh. 

S 
Rat 


Adh. 

S 
Rat. 




Adh. 

S 
Rat. 


Adh. 

S 
Rat. 




vention I; May 17, 1907, as to 
Conventions II and III; Oct. 11, 
1907, as to Declarations 2 and 3. 
Norwayi 


S 
Rat 


s 


Rat. Sept. 4, 1900; July 5, 1907, 


as to Convention II. 
Panama 




Adh. June 15, 1907, July 20, 


Adh. 


Adh. 


Adh. 










1907, and July 22, 1907, as to 
Conventions I, II, and III, re- 
spectively. 











^See footnote on p. 232. 



232 



CONVENTIONS AND DECLARATIONS OF 1899 



Abbreviations 

S — signed. 
Rat. — ratified. 
Adh. — adhered. 
Res. — reservation. 



Conven- 
tion for 
the pa- 
cific set- 
tlement 
of inter- 
national 
disputes 



II 

Conven- 
tion 
with 
respect 
to the 
laws 
and 
customs 
of war 
on land 



III 

Conven- 
tion for 

the 
adapta- 
tion to 
mari- 
time 
warfare 
of the 
prin- 
ciples of 

the 
Geneva 
Conven- 
tion 



IV(1) 

Declara- 
tion 
prohibit- 
ing the 
launch- 
ing of 
projec- 
tiles or 
explo- 
sives 
from 
balloons 



IV(2) 

Declara- 
tion con- 
cerning 
asphyx- 
iating 
gases 



IV(3) 

Declara- 
tion con- 
cerning 
expand- 
ing bul- 
lets 



Final 
Act 



Paraguay 

Adh. June IS, 1907, April 12, 

1907, and June 29, 1907, as to 

Conventions I, II, and III, re- 
spectively. 
Persia 

Rat. Sept. 4, 1900 

Pern 

Adh. Nov. 24, 1903; June 15, 

1907, as to Convention I. 
Portugal 

Rat. Sept. 4, 1900; Adh. Aug. 

29, 1907. 
Boumania , 

Rat. Sept. 4, 1900 ! 

Bussia 

Rat. Sept. 4, 1900 

Salvador 

Adh. June 20, 1902; June 20, 

1907, as to Convention I. 
Servia 

Rat. May 11, 1901 

Slam 

Rat. Sept. 4, 1900 

Spain 

Rat. Sept. 4, 1900 

Swedeni 

Rat. Sept. 4, 1900; July 5, 1907, 

as to Convention II. 
Switzerland 

Rat. Dec. 29, 1900, Adh. June 

20, 1907. 
Turkey 

Rat. June 12, 1907 

United States 

Rat. Sept. 4, 1900; Apr. 9, 1902, 

as to Convention II. 
Urug-uay 

Adh. June 21, 1906; June 17, 

1907, as to Convention I. 
Venezuela 

Adh. Mar. 1, 1907; June IS, 

1907, as to Convention I. 



Adh. 



S 
Rat. 



Adh. 

S 
Rat. 

S res. 
Rat. res. 
S 
Rat. 



Adh. 

S res. 

Rat. res. 

S 

Rat. 

S 

Rat. 

S 

Rat. 

S 
Rat. 

S res. 
Rat. 

S res. 
Rat. res. 



Adh. 



Adh. 



Adh. 



S 
Rat. 



Adh. 

S 
Rat. 

S 

Rat. 
S 
Rat. 



Adh. 

S 

Rat. 

S 

Rat. 

S 

Rat. 

S 

Rat. 



Adh. 

S 

Rat. 
S 
Rat. 



Adh. 



Adh. 



Adh. 



S 
Rat. 



Adh. 

S 
Rat. 

S 

Rat. 
S 
Rat. 



Adh. 

S 

Rat. 

S 

Rat. 

S 

Rat. 

S 

Rat. 

S 
Rat. 

S res. 
Rat. 

S res. 
Rat. 



Adh. 



Adh. 



S 
Rat. 



S 
Rat. 

S 

Rat. 
S 
Rat. 



S 

Rat. 

S 

Rat. 

S 

Rat. 

S 

Rat. 

S 
Rat. 



S 
Rat. 



S 
Rat. 



S 
Rat. 

S 

Rat. 
S 
Rat. 



S 

Rat. 

S 

Rat. 

S 

Rat. 

S 

Rat. 

S 
Rat. 

S 
Rat. 



S 
Rat. 



Adh. 

S 

Rat. 
S 
Rat. 



S 

Rat. 

S 

Rat. 

S 

Rat. 

S 

Rat. 

S 
Rat. 

S 
Rat. 



'Sweden and Norway constituted a Union until 1905. 
as a single Power. 



Action taken by them prior to that date was taken 



CONVENTIONS AND DECLARATIONS OF 1899 233 

RESERVATIONS AT SIGNATURE^ 
CONVENTION I 

Roumania. Under the reservations formulated with respect to Arti- 
cles 16, 17 and 19 of the present Convention (15, 16 and 18 of the 
project presented by the committee on examination), and recorded 
in the proces-verbal of the sitting of the Third Commission of 
July 20, 1899. 

Extract from the proces-verbal: 

The Royal Government of Roumania being completely in favor 
of the principle of facultative arbitration, of which it appreciates the 
great importance in international relations, nevertheless does not intend 
to undertake, by Article 15, an engagement to accept arbitration in 
every case there provided for, and it believes it ought to form express 
reservations in that respect. 

It can not therefore vote for this article, except under that 
reservation. 

The Royal Government of Roumania declares that it can not adhere 
to Article 16 except with the express reservation, entered in the proces- 
verbal, that it has decided not to accept, in any case, an international 
arbitration for disagreements or disputes previous to the conclusion 
of the present Convention. 

The Royal Government of Roumania declares that in adhering to 
Article 18 of the Convention, it makes no engagement in regard to 
obligatory arbitration.2 

Servia. Under the reservations recorded in the proces-verbal of the 
Third Commission of July 20, 1899. 

Extract from the proces-verbal: 

In the name of the Royal Government of Servia, we have the 
honor to declare that our adoption of the principle of good offices and 
mediation does not imply a recognition of the right of third States 
to use these means except with the extreme reserve which proceedings 
of this delicate nature require. 

We do not admit good offices and mediation except on condition 
that their character of purely friendly counsel is maintained fully and 
completely, and we never could accept them in forms and circumstances 
such as to impress upon them the character of intervention.^ 



^All these reservations, except that of Turkey, were maintained at rati- 
fication. 

^Declaration of Mr. Beldiman. Proces-verbaux, pt. iv, p. 48. 
^Declaration of Mr. Miyatovitch. Proces-verbaux, pt. iv, p. 47. 



234 RESERVATIONS AT SIGNATURE 

CONVENTION I (Continued) 

Turkey. Under reservation of the declaration made in the plenary 

sitting of the Conference of July 25, 1899. 

Extract from the proces-verbal: 

The Turkish delegation, considering that the work of this Con- 
ference has been a work of high loyalty and humanity, destined solely 
to assure general peace by safeguarding the interests and the rights 
of each one, declares, in the name of its Government, that it adheres 
to the project just adopted, on the following conditions: 

1. It is formally understood that recourse to good offices and 
mediation, to commissions of inquiry and arbitration is purely faculta- 
tive and could not in any case assume an obligatory character or 
degenerate into intervention; 

2. The Imperial Government itself will be the judge of the cases 
where its interests would permit it tQ admit these methods without 
its abstention or refusal to have recourse to them being considered 
by the signatory States as an unfriendly act. 

It goes without saying that in no case could the means in question 
be applied to questions concerning interior regulation.^ 

United States. Under reservation of the declaration made at the 
plenary sitting of the Conference on the 25th of July, 1899. 

Extract from the proces-verbal: 

The delegation of the United States of America on signing the 
Convention for the pacific settlement of international disputes, as 
proposed by the International Peace Conference, makes the following 
declaration : 

Nothing contained in this Convention shall be so construed as to 
require the United Statesi of America to depart from its traditional 
policy of not intruding upon, interfering with, or entangling itself 
in the political questions or policy or internal administration of any 
foreign State; nor shall anything contained in the said Convention be 
construed to imply a relinquishment by the United States of America 
of its traditional attitude toward purely American questions.^ 

CONVENTION III 
Germany, Great Britain, Turkey and United States signed with 
reservation of Article 10. It was subsequently agreed, on an 
understanding reached by the Government of the Netherlands 
with the signatory Powers, to exclude Article 10 from all rati- 
fications of the Convention.^ 



^Declaration of Turkhan Pasha. Proces-verbaux, pt. i. p. 70. This reser- 
vation does not appear in the instrument of ratification. 

^Proces-verbaux , pt. i, p. 69. Compare the reservation of the United States 
to the 1907 Convention I, post, p. 242. 

*U. S. Statutes at Large, vol. 32, p. 1837. 



SUMMARY 



OF THE 



SIGNATURES, RATIFICATIONS, ADHESIONS 

AND RESERVATIONS 



TO THE 



CONVENTIONS AND DECLARATION OF THE 
SECOND CONFERENCE 



236 



CONVENTIONS AND DECLARATION OF 1907 





I i 


II 


Ill 


IV 


V 


VI 


VII 


VIII 


 


Conven- 


Conven- 


Conven- 


Conven- 


Conven- 


Conven- 


Conven- 


Conven- 




tion for 


tion re- 


tion rel- 


tion re- 


tion re- 


tion re- 


tion re- 


tion rel- 




the pa- 


specting 


ative to 


specting 


specting 


lating 


lating 


ative to 


Abbreviations 


cific set- 
tlement 


the limi- 
tation 


the 
opening 


the laws 
and cus- 


the 
rights 


to the 
status 


to the 
conver- 


the lay- 
ing of 


S — signed. 


of 


of the 


of hos- 


toms of 


and 


of enemy 


sion of 


auto- 


interna- 


employ- 


tilities 


war on 


duties 


mer- 


mer- 


matic 


Adh. — adhered. 
Res. — reser vati on. 


tional 
disputes 


ment of 

force 
for the 




land 


of neu- 
tral 
Powers 


chant 

ships 
at the 


chant 

ships 

into war- 


sub- 
marine 
contact 






recovery 






and 


out- 


ships 


mines 






of con- 






persons 


break of 










tract 






in case 


hostili- 










debts 






of war 
on land 


ties 






Argentine Republic. 


S 


S res. 


S 


S 


S res. 


S 


S 


S 


Austria-Hungary .... 


S 


S 


S 


S res. 


S 


S 


s 


S 


Rat. Nov. 27, 1909.. 


Rat. 


Rat. 


Rat. 


Rat. res. 


Rat. 


Rat. 


Rat. 


Rat. 




s 




s 


s 


s 


S 
Rat. 


S 
Rat. 


S 
Rat. 


Rat. Aug. 8, 1910... 


Rat. 




Rat. 


Rat. 


Rat. 


Bolivia 


S 
Rat. 


S res. 


S 
Rat. 


S 
Rat. 


S 
Rat. 


S 


S 


S 


Rat. Nov. 27, 1909.. 


Brazil 


S res. 




S 


S 


S 


s 


s 


s 


Rat. Jan. 5, 1914... 


Rat. res. 




Rat. 


Rat. 


Rat. 


Rat. 


Rat. 


Rat. 


Bulgaria 


S 


S 


S 


S 


S 


s 


s 


s 


Chile 


S res. 


s 


S 


S 


S 


S 


s 


s 


Cliina 


S 
















Rat. Nov. 27, 1909.. 


Rat. 


Adh. 


Adh. 




Adh. 








Adh. Jan. 15, 1910.. 


















Colombia 


S 
S 
Rat. 


S res. 
S 


S 
S 


s 
s 

Rat. 


S 
S 
Rat. 


S 

s 

Rat. 


s 
s 


s 
s 


Cuba 


Rat. Feb. 22, 1912.. 


Denmark 


S 
Rat. 


S 
Rat. 


S 
Rat. 


S 
Rat. 


S 
Rat. 


S 
Rat. 


s 

Rat. 


s 

Rat. 


Rat. Nov. 27, 1909.. 


Dominican Kepnblic 
Ecuador 


s 


S res. 


s 


s 


s 


s 




S res. 


s 
s 

Rat. 


S res. 

S 

Rat. 


s 
s 

Rat. 


s 
s 

Rat. 


s 
s 

Rat. 


s 
s 

Rat. 


S 

s 

Rat. 


S 

S res. 

Rat. res. 


France 


Rat. Oct. 7, 1910.... 


Germany 


S 


S 


S 


S res. 


s 


S res. 


S 


S res. 


Rat. Nov. 27, 1909.. 


Rat. 


Rat. 


Rat. 


Rat. res. 


Rat. 


Rat. res. 


Rat. 


Rat. res. 


Great Britain 


S 


S 


S 


S 


S res. 


S 


S 


S res. 


Rat. Nov. 27, 1909.. 




Rat. 


Rat. 


Rat. 




Rat. 


Rat. 


Rat. res. 


Greece 


S res. 
S 


S res. 
S res. 


S 
S 


S 
S 


S 

S 


S 

s 


S 

s 


S 

s 


Guatemala 


Rat. Mar. 15, 1911.. 


Rat. 


Rat. res. 


Rat. 


Rat. 


Rat. 


Rat. 


Rat. 


Rat. 


Haiti 


S 
Rat. 


S 
Rat. 


S 
Rat. 


S 
Rat. 


S 
Rat. 


S 
Rat. 


S 
Rat. 


S 
Rat. 


Rat. Feb. 2, 1910... 


Italy 


S 

S res. 


S 
S 


S 

s 


S 

S res. 


S 

S 


S 
S 


S 
S 


S 

s 


Japan 


Rat. Dec. 13, 1911.. 


Rat. res. 


Rat. 


Rat. 


Rat. res. 


Rat. 


Rat. 


Rat. 


Rat. 


Liberia 



















Adh. Feb. 4, 1914... 




Adh. 


Adh. 


Adh. 


Adh. 


Adh. 


Adh. 


Adh. 


Luxemburg 


S 
Rat. 





S 
Rat. 


S 
Rat. 


S 
Rat. 


S 
Rat. 


S 
Rat. 


S 
Rat. 


Rat. Sept. S, 1912.. 


Mexico 


S 
Rat. 


S 
Rat. 


S 
Rat. 


S 
Rat. 


S 
Rat. 


S 
Rat. 


S 
Rat. 


S 
Rat. 


Rat. Nov. 27, 1909.. 



CONVENTIONS AND DECLARATION OF 1907 



237 



IX 


X 


XI 


XII 


XIII 


XIV 








Conven- 


Conven- 


Conven- 


Conven- 


Conven- 


Declara- 


P'inal 


Protocol 




tion con- 


tion for 


tion rel- 


tion rel- 


tion con- 


tion pro- 


Act 


of 




cerning 


the 


ative to 


ative to 


cerning 


hibiting 




Sei- 




bom- 


adapta- 


certain 


the 


the 


the 




tem )er 




bard- 


tion to 


restric- 


creation 


rights 


dis- 




19, 1910, 




ment by 


mari- 


tions 


of an 


and 


charge 




addi- 




naval 


time 


with 


Interna- 


duties 


of pro- 




tional to 




forces 


warfare 


regard 


tional 


of neu- 


jectiles 




Hague 




in time 


of the 


to the 


Prize 


tral 


and 




Conven- 




of war 


prin- 


exercise 


Court 


Powers 


ex|ilo- 




tion XII 






ciples 


of the 




in naval 


sives 




on an 






of the 


right of 




war 


from 




Interna- 






Geneva 


capture 






balloons 




tional 
Prize 




_ 


Conven- 


in naval 














tion 


war 










Court 




S 


S 


S 


S 


S 


S 


S 


S 


Argentine Republic 


s 


S 


S 


S 


S 


S 


S 


s 


Austria-Hungary 


Rat. 

S 


Rat 
S 


Rat. 
S 


S 


Rat. 

s 






s 




S 


S 


Belgium 


Rat 


Rat 


Rat. 




Rat 


Rat. 








S 


S 


S 


S 


s 


S 


S 


s 


Bolivia 


Rat. 
S 


Rat. 
S 






s 


Rat. 

S 


S 






S 




Brazil 


Rat. 


Rat 


Rat. 




Rat. 


Rat. 








S 


S 


S 


S 


S 


S 


S 


s 


Bulgaria 


S res. 


S 


S 


S res. 


S 





S 


s 


Chile 


Adh. 


S res. 
Rat. res. 






Adh. res. 


s 

Rat 


s 




China 








S 


S 


s 


S 


S 


S 


s 


s 


Colombia 


S 


S 


s 


S res. 




S 


s 


s 


Cuba 


Rat. 


Rat. 
















S 


S 


s 


S 


S 




s 


s 


Denmark 


Rat 
S 


Rat 

S 


Rat. 
S 




Rat 
S res. 










S 


s 


Dominican Republic 


S 


S 


S 


S res. 


S 


S 


s 


s 


t^cuador 


S res. 


s 


S 


S 


S 




s 


s 


France 


Rat res. 


Rat. 


Rat 




Rat. 










S res. 


S 


S 


S 


S res. 




s 


s 


Germany 


Rat res. 


Rat. 


Rat. 





Rat. res. 










S res. 


S res. 


S 


S 


S res. 


s 


s 


s 


Great Britain 


Rat res. 




Rat. 






Rat. 








S 


S 


S 




S 


S 


s 




Greece 


S 


S 


S 


S res. 


S 




s 


s 


Guatemala 


Rat. 
S 


Rat 

S 


Rat. 

S 


S res. 


Rat. 

S 






s 




S 


s 


Haiti 


Rat 


Rat 


Rat. 




Rat 


Rat. 








S 


S 


S 


S 


S 




s 


s 


Italy 


S res. 


S 


S 


S 


S res. 




s 


s 


Japan 


Rat res. 


Rat. 


Rat. 




Rat. res. 








Liberia 


.A.dh. 




Adh. 




Adh. 


Adh. 








S 


S 


S 




S 


S 


s 




Luxemburg 


Rat. 


Rat 


Rat 




Rat 


Rat. 








S 


S 


S 


S 


S 




s 


s 


Mexico 


Rat 


Rat. 


Rat. 




Rat 











238 



CONVENTIONS AND DECLARATION OF 1907 







I 


II 


Ill 


IV 


V 


VI 


VII 


VIII 






Conven- 


Conven- 


Conven- 


Conven- 


Conven- 


Conven- 


Conven- 


Conven- 






tion for 


tion re- 


tion rel- 


tion re- 


tion re- 


tion re- 


tion re- 


tion rel- 






the pa- 


specting 


ative to 


specting 


specting 


lating 


lating 


ative to 


. 




cific set- 


the limi- 


the 


the laws 


the 


to the 


to the 


the lay- 


Abbreviations 


tlement 


tation 


opening 


and cus- 


rights 


status 


conver- 


ing of 


S — signed. 
Rat. — ratified. 
Adh. — adhered. 




of 


of the 


of hos- 


toms of 


and 


of 


sion of 


auto- 




interna- 
tional 


employ- 
ment of 


tilities 


war on 
land 


duties 
of neu- 


enemy 
mer- 


mer- 
chant 


matic 
sub- 




disputes 


force 






tral 


chant 


ships 


marine 


Res. — reservation. 




for the 






Powers 


ships 


into war- 


contact 








recovery 






and 


at the 


ships 


mines 








of con- 






persons 


out- 












tract 






in case 


break of 












debts 






of war 
on land 


hostili- 
ties 






Montenegro . . . 




S 


S 


S 


S res. 


S 


S 


S 




Netherlands 




S 


S 


S 


S 


S 


S 


S 


S 


Rat. Nov. 27, 


1909.. 


Rat. 


Rat. 


Rat. 


Rat. 


Rat. 


Rat. 


Rat. 


Rat. 


Nicaragua 




















Adh. Dec. 16, 


1909. 


Adh. 


Adh. res. 


Adh. 


Adh. 


Adh. 


Adh. 


Adh. 


Adh. 


"^lorwav 




s 


S 


S 


s 


S 


S 


S 


S 


Rat. Sept. 19, 


1910.. 


Rat. 


Rat. 


Rat. 


Rat. 


Rat. 


Rat. 


Rat. 


Rat. 


Panama 




S 
Rat. 


S 
Rat. 


S 
Rat. 


S 
Rat. 


S 
Rat. 


S 
Rat. 


S 
Rat. 


S 


Rat. Sept. 11, 


1911.. 


Rat. 


Paraguay 




S 


S 


S 


S 


S 


S 


S 


S 


Persia 




S 


S 


s 


S 


S 


S 


S 


S 


Peru 


S 

s 


S res. 

s 


S 

s 


S 

s 


s 
s 


S 

s 


S 
S 


S 


Portii sral 




Rat. April 13, 


1911.. 


Rat. 


Rat. 


Rat. 


Rat. 


Rat. 


Rat. 


Rat. 




Roiimania .... 




S res. 
Rat. res. 




S 
Rat. 


S 
Rat. 


S 
Rat. 


S 
Rat. 


S 
Rat. 


S 


Rat. Mar. 1, 


1912.. 


Rat. 


Russia 




S 


S 


S 


S res. 


S 


S res. 


S 




Rat. Nov. 27, 


1909.. 


Rat. 


Rat. 


Rat. 


Rat. res. 


Rat. 


Rat. res. 


Rat. 




Salvador 




S 


S res. 


S 


S 


S 


S 


S 


S 


Rat. Nov. 27, 


1909.. 


Rat. 


Rat. res. 


Rat. 


Rat. 


Rat. 


Rat. 


Rat. 


Rat. 


Servia 




S 
S 
Rat. 


S 


S 

s 

Rat. 


S 

s 

Rat. 


S 
S 
Rat 


S 
S 
Rat. 


S 
S 
Rat. 


S 


Siam 


S res. 


Rat. Mar. 12, 


1910.. 


Rat. res. 


Spain 




S 


S 


S 


•■....*• 


S 


S 


S 




Rat. Mar. 18, 


1913.. 


Rat. 


Rat. 


Rat. 




Rat. 


Rat. 


Rat. 




Adh. Feb. 24, 


1913. 


















Sweden 




S 
Rat. 




S 
Rat. 


S 
Rat. 


S 
Rat. 


S 
Rat. 


S 
Rat. 




Rat. Nov. 27, 


1909; 




and July 13, ] 


911, as 


















regards Cor 
X. 
Switzerland 


ivention 




















S res. 
Rat. res. 




S 
Rat. 


S 
Rat. 


S 
Rat. 


S 
Rat. 


S 
Rat. 


S 


Rat. May 12, 


1910.. 


Rat. 


Turltey 




S res. 


S 


S 


S res. 


S 


S 


S res. 


S res. 


United States 




S res. 


S 


S 


S 


S 






S 


Rat. Nov. 27, 


1909; 


Rat. res. 


Rat. res. 


Rat. 


Rat. 


Rat. 






Rat. 


Adh. Dec. 3, 


1909. 


















Uruguay 




s 




s 


s 


s 


s 




s 


Venezuela 


S 




S 


s 


s 


S 


s 


s 







CONVENTIONS AND DECLARATION OF 1907 



239 



IX 


X 


XI 


XII 


XIII 


XIV 








Conven- 


Conven- 


Conven- 


Conven- 


Conven- 


Declara- 


Final 


Protocol 




tion con- 


tion for 


tion rel- 


tion rel- 


tion con- 


tion pro- 


Act 


of 

Sep- 




cerning 


the 


ative to 


ative to 


cerning 


hibiting 






bom- 


adapta- 


certain 


the 


the 


the 




tember 




bard- 


tion to 


restric- 


creation 


rights 


dis- 




19, 1910, 




ment by 


man- 


tions 


of an 


and 


charge 




addi- 




naval 


time 


with 


Interna- 


duties 


of pro- 




tional to 




forces 


warfare 


regard 


tional 


of neu- 


jectiles 




Hague 




in time 


of the 


to the 


Prize 


tral 


and 




Conven- 




of war 


prin- 


exercise 


Court 


Powers 


explo- 




tion XII 






ciples 
of the 


of the 




in naval 


sives 




on an 






right of 




war 


from 




Interna- 






Geneva 


capture 






balloons 




tional 






Conven- 


in naval 










Prize 






tion 


war 










Court 




S 


S 






S 




S 




Montenegro 


S 


S 


S 


S 


S 


S 


s 


S 


Netherlands 


Rat 


Rat 
1 


Rat. 




Rat. 


Rat. 


s 




Nlcarasrua 


Adh. 


Adh. 


Adh. 




Adh. 


Adh. 








S 


S 


S 


S 


S 


S 


s 


S 


Norway 


Rat. 


Rat 


Rat. 




Rat 


Rat. 








S 


S 


S 


S 


S 


S 


s 


1 s 


Panama 


Rat. 


Rat 


Rat. 




Rat. 


Rat. 








s 


s 


s 


S 


S 






s 


Paraguay 
Persia 


S 


S res. 


S 


S res. 


S res 


S 


s 


s 


s 


S 


S 


S 


S 


S 


s 


s 


Peru 


s 


S 


S 


S 


S 


s 


s 


s 


Portugal 


Rat 


Rat 


Rat. 




Rat. 


Rat 








S 


S 


S 




S 




s 




Roumania 


Rat 

s 


Rat. 

s 


Rat. 




Rat 

s 












s 


Russia 


Rat 

S 


Rat 

S 






Rat 

S 






' s 


S 


S res. 


 S 


s 


Salvador 


Rat 


Rat 


Rat. 




Rat. 


Rat. 








S 


S 


S 




S 




s 




Servia 


s 


S 


S 


S res. 


S res. 


S 


s 


s 


Slam 


Rat 


Rat. 


Rat. 




Rat. res. 


Rat. 










S 


S 


S 






s 


s 


Spain 


Adh. 


Rat. 


Rat 














S 


S 


S 


S 


S 




s 


s 


Sweden 


Rat 


Rat. 


Rat. 




Rat. 










S 


S 


S 


s 


S 


S 


S res. 


s 


Switzerland 


Rat 


Rat 


Rat. 




Rat. 


Rat. 








S 


S res. 


S 


S res. 


S res. 


S 


S 


s 


Turkey 


S 


S 


S 


S 




s 


S 


s 


United States 


Rat 


Rat. 


Rat. 




Adh. res. 


Rat. 








S 


S 


S 


S res. 


S 


S 


S 


s 


Uruguay 


S 


S 


S 




S 




s 




Venezuela 



240 RESERVATIONS TO THE 1907 CONVENTIONS 

RESERVATIONS AT SIGNATURE 
CONVENTION I 
Brazil. With reservation as to Article 53, paragraphs 2, 3, and 4. 

Chile. Under reservation of the declaration formulated with regard 
to Article 39 in the seventh meeting of the First Commission on 
October 7. 

Extract from the proces-verbal: 

The delegation of Chile desires to make the following declaration 
in the name of its Government with respect to this article. Our dele- 
gation at the time of signing the Convention of 1899 for the pacific 
settlement of international disputes did so with the reservation that 
the adhesion of its Government as regards Article 17 would not in- 
clude controversies or questions prior to the celebration of the Con- 
vention. 

The delegation of Chile believes it to be its duty to-day to renew, 
with respect to the same provision, the reservation that it has previously 
made, although it may not be strictly necessary in view of the similar 
character of the provision.^ 

Greece. With the reservation of paragraph 2 of Article 53. 

Japan. With reservation of, paragraphs 3 and 4 of Article 48, of 

paragraph 2 of Article 53, and of Article 54. 

Roumania. With the same reservations formulated by the Rouma- 
nian plenipotentiaries on signing the Convention for the pacific 
settlement of international disputes of July 29, 1899.^ 

Switzerland. Under reservation of Article 53, number 2. 

Turkey. Under reservation of the declarations recorded in the 
proces-verbal of the ninth plenary session of the Conference held 
On October 16, 1907. (Continued, p. 242.) 



^Statement of Mr. Domingo Gana. Actes et documents, vol. ii, p. 121. 
^See ante, p. 233. 



RESERVATIONS TO THE 1907 CONVENTIONS 241 

RESERVATIONS AT RATIFICATION 
CONVENTION I 
Brazil. Reservation maintained in the act of ratification. 

Chile. [Not yet ratified] 



Greece. [Not yet ratified.] 

Japan. Reservation maintained in the act of ratification. 

Roumania. Reservations maintained in the act of ratification. 



Switzerland. Reservation maintained in the act of ratification. 
Turkey. [Not yet ratified.] 



242 RESERVATIONS TO THE 1907 CONVENTIONS 

RESERVATIONS AT SIGNATURE 

CONVENTION I (Continued) 

Turkey (Continued from p. 240) 

Extract from the proces-verbal: 

The Ottoman delegation declares, in the name of its Government, 
that while it is not unmindful of the beneficent influence which good 
offices, mediation, commissions of inquiry, and arbitration are able to 
exercise on the maintenance of the pacific relations between States, 
in giving its/ adhesion to the whole of the draft, it does so on the 
understanding that such methods remain, as before, purely optional; 
it could in no case recognize them as having an obligatory character 
rendering them susceptible of leading directly or indirectly to an 
intervention. 

The Imperial Government proposes to remain the sole judge of 
the occasions when it shall be necessary to have recourse to the different 
proceedings or to accept them without its determination on the point 
being liable to be viewed by the signatory States as an unfriendly act. 

It is unnecessary to add that such methods should never be applied 
in cases of internal order.i 

United States. Under reservation of the declaration made in the 
plenary session of the Conference held on October 16, 1907. 

Extract from the proces-verbal: 

The delegation of the United States renews the reservation made 
in 1899 on the subject of Article 48 of the Convention for the pacific 
settlement of international disputes in the form of the following 
declaration : 

Nothing contained in this Convention shall be so construed as to 
require the United States of America to depart from its traditional 
policy of not intruding upon, interfering with, or entangling itself in 
the political questions of policy or internal administration of any for- 
eign State; nor shall anything contained in the said Convention be 
construed to imply a relinquishment by the United States of its tra- 
ditional attitude toward purely American questions.^ 



CONVENTION II 

Argentine Republic. The Argentine Republic makes the following 
reservations : 

1. With regard to debts arising from ordinary contracts between 
the citizen or subject of a nation and a foreign Government, recourse 
(Continued, p. 244.) 



^Statements of Turkhan Pasha. Actes et documents, vol. i, p. 336. 
^Statement of Mr. David Jayne Hill. Actes et documents, vol. i, p. 335. 



RESERVATIONS TO THE 1907 CONVENTIONS 243 

RESERVATIONS AT RATIFICATION 
CONVENTION I (Continued) 



United States. Reservation rraintained in the act of ratification, 
which contains, besides, the following reservation : 

That the United States approves this Convention with the understand- 
ing that recourse to the Permanent Court for the settlement of differ- 
ences can be had only by agreement thereto through general or special 
treaties of arbitration heretofore or hereafter concluded between the 
parties in dispute; and the United States now exercises the option con- 
tained in Article 53 of said Convention, to exclude the formulation of 
the compromis by the Permanent Court, and hereby excludes from the 
competence of the Permanent Court the power to frame the compromis 
required by general or special treaties of arbitration concluded or here- 
after to be concluded by the United States, and further expressly de- 
clares that the compromis required by any treaty of arbitration to which 
the United States may be a party shall be settled only by agreement 
between the contracting parties, unless such treaty shall expressly pro- 
vide otherwise. 

CONVENTION II 
Argentine Republic. [Not yet ratified.] 



244 RESERVATIONS TO THE 1907 CONVENTIONS 

RESERVATIONS AT SIGNATURE 

CONVENTION II (Continued) 

Argentine Republic (Continued from p. 242) 

shall not be had to arbitration except in the specific case of denial 
of justice by the courts of the country which made the contract, the 
remedies before which courts must first have been exhausted. 

2. Public loans, secured by bond issues and constituting the 
national debt, shall in no case give rise to military aggression or the 
material occupation of the soil of American nations. 

Bolivia. Under the reservation stated to the First Commission. 

Extract from the proces-verbal: 

It seems to me, therefore, that the acceptance of the proposition 
before us will but mean the legitimation by the Peace Conference of a 
certain class of wars, or at least interventions based on disputes which 
relate neither to the honor nor vital interests of the creditor States. 

In consequence of these forceful reasons, the delegation of Bolivia 
regrets not to give its entire assent to the proposition under discussion.^ 

Colombia. Colombia makes the following reservations: 

It does not agree to the employment of force in any case for the 
recovery of debts, whatever be their nature. It accepts arbitration 
only after a final decision has been rendered by the courts of the 
debtor nations. 

Dominican Republic. With the reservation made at the plenary 

session of October 16, 1907. 

Extract from the proch-verbal: 

The delegation of the Dominican Republic confirms its favorable 
vote on the proposal of the delegation of the United States relative 
to the limitation of the employment of force for the recovery of 
contract debts ; but it renews its reservation as to the condition con- 
tained in this part of the clause: "or after accepting the offer, prevents 
any compromis from being agreed on," as its interpretation might lead 
to excessive consequences which would be the more regrettable as they 
are provided for and avoided in the plan of Article 53 of the new 
Convention for the pacific settlement of international disputes. 2 

Ecuador. With the reservations made at the plenary session of 
October 16, 1907. 

Extract from the proces-verbal: 

The delegation of Ecuador will vote affirmatively while maintain- 
ing the reservations made in the First Commission.^ 

^Statement of Mr. Claudio Pinilla. Actes et documents, vol. ii, p. 142. 
^Statement of Mr. Apolinar Tejera. Actes et documents, vol. i, p. 2i2i7. 
^Statement of Mr. Dorn y de Alsiia. Actes et documents, vol. i, p. 338. 



RESERVATIOKS TO 1 HE 1907 CONVENTIONS 245 

RESERVATIONS AT RATIFICATION 
CONVENTION II (Continued) 



Bolivia. [Not yet ratified.] 



Colombia. [Not yet ratified.] 



Dominican Republic. [Not yet ratified.] 



Ecuador. [Not yet ratified.] 



246 RESERVATIONS TO THE 1907 CONVENTIONS 

RESERVATIONS AT SIGNATURE 

CONVENTION II (Continued) 

Greece. With the reservation made at the plenary session of Octo- 
ber 16, 1907. 

Extract from the proces-verbal: 

In the eighth meeting of the First Commission the Greek delega- 
tion, being without definite instructions, was obliged to reserve its vote 
on the subject of the proposition of the United States of America 
on the treatment of contract debts. We are to-day in a position to 
declare that the Royal Government accepts the said proposition, which 
has for its aim the doing away, by peaceful means, of differences 
between nations and the exclusion, conformably to the principles of 
international law, of the employment of armed force outside of armed 
conflicts. We consider, at the same time, that the provisions contained 
in paragraphs 2 and 3 of the text voted can not affect existing stipula- 
tions nor laws in force in the realm.i 

Guatemala. 1. With regard to debts arising from ordinary contracts 
between the citizens or subjects of a nation and a foreign Govern- 
ment, recourse shall be had to arbitration only in case of denial 
of justice by the courts of the country which made the con- 
tract, the remedies before which courts must first have been 
exhausted. 

2. Public loans secured by bond issues and constituting na- 
tional debts shall in no case give rise to military aggression or the 
material occupation of the soil of American nations. 

Nicaragua. [Not a signatory Power.] 



^Statement of Mr. Rangabe. Actes et documents, vol. i, p. 336. 



RESERVATIONS TO THE 1907 CONVENTIONS 247 

RESERVATIONS AT RATIFICATION 

CONVENTION II (Continued) 
Greece. [Not yet ratified.] 



Guatemala. 1. Reservation maintained in the act of ratification. 



2. Reservation maintained in the act of ratification. 



Nicaragua. The act of adhesion contains the following reservations: 

(a) With regard to debts arising from ordinary contracts between 
the citizen or subject of a nation and a foreign Government, recourse 
shall be had to arbitration only in the specific case of a denial of 
justice by the courts of the country where the contract was made, 
the remedies before which courts must first have been exhausted. 

(b) Public loans secured by bond issues and constituting the 
national debt shall in no case give rise to military aggression or the 
material occupation of the soil of American nations. 



248 RESERVATIONS TO THE 1907 CONVENTIONS 

RESERVATIONS AT SIGNATURE 

CONVENTION H (Continued) 

Peru. Under the reservation that the principles laid down in this 
Convention shall not be applicable to claims or differences arising 
from contracts concluded by a country with foreign subjects 
when it has been expressly stipulated in these contracts that the 
claims or differences must be submitted to the judges or courts 
of the country. 

Salvador. We make the same reservations as the Argentine Republic 
above.^ 

United States. [Signed without reservation.] 



Uruguay. Under reservation of the second paragraph of Article 1, 
because the delegation considers that arbitration may always be 
refused as a matter of right if the fundamental law of the debtor 
nation, prior to the contract which has given rise to the doubts or 
disputes, or this contract itself, has stipulated that such doubts 
or disputes shall be settled by the courts of the said nation. 

CONVENTION IV 

Austria=Hungary. Under reservation of the declaration made in the 

plenary session of the Conference of August 17, 1907. 

Extract from the proces-verhal: 

The delegation of Austria- Hungary having accepted the new 
Article 22a, on condition that Article 44 of the Convention now in 
force be maintained as it is, can not consent to the Article 44o, proposed 
by the Second Commission.^ 



^Ante, p. 242. 

^Statement of Mr. Merey von Kapos-Mere. Actes et documents, vol. i, p. 86. 



RESERVATIONS TO THE 1907 CONVENTIONS 249 

RESERVATIONS AT RATIFICATION 

CONVENTION II (Continued) 
Peru. [Not yet ratified.] 



Salvador. Reservations maintained in the act of ratification. 



United States. The act of ratification contains the following 

reservation : 

That the United States approves this Convention with the under- 
standing tliat recourse to the Permanent Court for the settlement of 
the diflferences referred to in said Convention can be had only by agree- 
ment thereto through general or special treaties of arbitration hereto- 
fore or hereafter concluded between the parties in dispute. 



Uruguay. [Not yet ratified.] 



CONVENTION IV 

Austria-Hungary. Reser\'ation maintained in the proces-verbal of 
deposit of ratifications. 



250 RESERVATIONS TO THE 1907 CONVENTIONS 

RESERVATIONS AT SIGNATURE 

CONVENTION IV (Continued) 

Germany. Under reservation of Article 44 of the annexed Regu- 
lations. 

Japan. With reservation of Article 44. 

Montenegro. Under the reservations formulated as to Article 44 
of the Regulations annexed to the present Convention and con- 
tained in the minutes of the fourth plenary session of August 
17, 1907. 

Extract from the proces-verhal: 

The delegation of Montenegro has the honor to declare that having 
accepted the new Article 22a, proposed by the delegation of Germany, 
in the place of Article 44 of the existing Regulations of 1899, it makes 
reservations on the subject of the nevsr w^ording of the said Article 44o.^ 

Russia. Under the reservations formulated as to Article 44 of the 

Regulations annexed to the present Convention and contained in 

the minutes of the fourth plenary session of August 17, 1907. 

Extract from the proccs-verbal: 

The delegation of Russia has the honor to declare that having 
accepted the new Article 22a, proposed by the delegation of Germany, 
in the place of Article 44 of the existing Regulations of 1899, it makes 
reservations on the subject of the new wording of the said Article 44o.2 

Turkey. Under reservation of Article 3. 

CONVENTION V 

Argentine Republic. The Argentine Republic makes reservation of 
Article 19. 

Great Britain. Under reservation of Articles 16, 17 and 18. 



1 Statement of Mr. Tcharykow. Actes et documents, vol. i, p. 86. 
^Statement of Mr. Martens. Actes et documents, vol. i, p. 86. 



RESERVATIONS TO THE 1907 CONVENTIONS 251 

RESERVATIONS AT RATIFICATION 

CONVENTION IV (Continued) 
Germany. Reservation maintained in the act of ratification. 

Japan. Reservation maintained in the act of ratification. 
Montenegro. [Not yet ratified.] 



Russia. Reservations maintained in the act of ratification. 



Turkey. [Not yet ratified.] 

CONVENTION V 
Argentine Republic. [Not yet ratified.] 

Great Britain. [Not yet ratified.] 



252 RESERVATIONS TO THE 1907 CONVENTIONS 

RESERVATIONS AT SIGNATURE 

CONVENTION VI 

Germany. Under reservation of Article 3 and of Article 4, para- 
graph 2.^ 

Russia. Under the reservations made as to Article 3 and Article 4, 
paragraph 2, of the present Convention, and recorded in the 
minutes of the seventh plenary session of September 27, 1907.^ 

CONVENTION VII 

Turkey. Under reservation of the declaration made at the eighth 

plenary session of the Conference of October 9, 1907, 

Extract from the proces-verbal: 

The Imperial Ottoman Government does not engage to recognize 
as vessels of war, ships which, being in its waters or on the high seas 
under a merchant flag, are converted on the opening of hostilities.^ 

CONVENTION VIII 

Dominican Republic. With reservation as to the first paragraph of 
Article 1. 

France. Under reservation of Article 2. 

Germany. Under reservation of Article 2. 

Great Britain. Under reservation of the following declaration: 

In affixing their signatures to the above Convention the British 
plenipotentiaries declare that the mere fact that this Convention does 
not prohibit a particular act or proceeding must not be held to debar 
His Britannic Majesty's Government from contesting its legitimacy. 

^The German and Russian delegations considered that these provisions es- 
tablished an inequality between States in imposing financial burdens on those 
Powers which, lacking naval stations in different parts of the world, are not in a 
position to take vessels which they have seized into a port, but find themselves 
compelled to destroy them. Actes et documents, vol. i, p. 236; vol. iii, p. 918. 

^Actes et documents, vol. i, p. 277. 



RESERVATIONS TO THE 1907 CONVENTIONS 253 

RESERVATIONS AT RATIFICATION 
CONVENTION VI 
Germany. Reservation maintained in the act of ratification. 

Russia. Reservations maintained in the act of ratification. 



CONVENTION VII 
Turkey. [Not yet ratified.] 



CONVENTION VIII 
Dominican Republic. [Not yet ratified.] 

France. Reservation maintained in the act of ratification. 

Germany. Reservation maintained in the act of ratification. 
Great Britain. Reservation maintained in the act of ratification. 



254 RESERVATIONS TO THE 1907 CONVENTIONS 

RESERVATIONS AT SIGNATURE 

CONVENTION VIII (Continued) 
Siam. Under reservation of Article 1, paragraph 1, 

Turkey. Under reservation of the declarations recorded in the 
proces-verbal of the eighth plenary session of the Conference held 
on October 9, 1907. 

Extract from the proces-verbal: 

The Imperial Ottoman delegation can not at the present time 
undertake any engagement whatever for perfected systems which are 
not yet universally known. * * * The Imperial Ottoman delegation 
believes that it should declare that, given the exceptional situation 
created by treaties in force of the straits of the Dardanelles and the 
Bosphorus, straits which are an integral part of the territory, the 
Imperial Government could not in any way subscribe to any under- 
taking tending to limit the means of defense that it may deem neces- 
sary to employ for these straits in case of war or with the aim of 
causing its neutrality to be respected. * * * The Imperial Ottoman 
delegation can not at the present time take part in any engagement 
as regards the conversion mentioned in Article 6.^ 

CONVENTION IX 

Chile. Under the reservation of Article 3 made at the fourth plenary 
session of August 17. 

Extract from the proces-verbal: 

The delegation of Chile makes reservation as to Article 3.2 

France. Under reservation of the second paragraph of Article 1. 
Germany. Under reservation of Article 1, paragraph 2. 

Great Britain. Under reservation of the second paragraph of 
Article 1. 

Japan. With reservation of paragraph 2 of Article 1. 

CONVENTION X 

China. Under reservation of Article 21. 



^Statement of Turkhan Pasha. Actes et documents, vol. i, p. 280. 
2Statement of Mr. Domingo Gana. Actes et documents, vol. i, p. 90. 



RESERVATIONS TO THE 1907 CONVENTIONS 255 

RESERVATIONS AT RATIFICATION 

CONVENTION VIII (Continued) 
Siam. Reservation maintained in the act of ratification. 

Turkey. [Not yet ratified.] 



CONVENTION IX 
Chile. [Not yet ratified.] 



France. Reservation maintained in the act of ratification. 

Germany. Reservation maintained in the act of ratification. 
Great Britain. Reservation maintained in the act of ratification. 

Japan. Reservation maintained in the act of ratification. 

CONVENTION X 

China. Reservation maintained in the act of ratification. 



256 RESERVATIONS TO THE 1907 CONVENTIONS 

RESERVATIONS AT SIGNATURE 

CONVENTION X (Continued) 

Great Britain. Under reservation of Articles 6 and 21 and of the 

following declaration : 

In affixing their signatures to the above Convention, the British 
plenipotentiaries declare that His Majesty's Government understand 
Article 12 to apply only to the case of combatants rescued during or 
after a naval engagement in which they have taken part. 

Persia. Under reservation of the right, admitted by the Conference, 
to use the Lion and Red Sun instead of and in the place of the 
Red Cross. 

Turkey. Under reservation of the right admitted by the Peace Con- 
ference to use the Red Crescent. 

CONVENTION XII 

Chile. Under the reservation of Article 15 made at the sixth plenary 
session of September 21. 

Cuba. Under reservation of Article 15. 

Ecuador. Under reservation of Article 15. 

Guatemala. Under the reservations made concerning Article 15. 

Haiti. With reservation regarding Article 15. 

Persia. Under reservation of Article 15. 

Salvador. Under reservation of Article IS. 

Siam. Under reservation of Article 15. 

Turkey. Under reservation of Article 15. 

Uruguay. Under reservation of Article 15. 



RESERVATIONS TO THE 1907 CONVENTIONS 257 

RESERVATIONS AT RATIFICATION 

CONVENTION X (Continued) 
Great Britain. [Not yet ratified.] 



Persia. [Not yet ratified.] 

Turkey. [Not yet ratified.] 

CONVENTION XII 
Chile. [Not yet ratified.] 

Cuba. [Not yet ratified.] 
Ecuador. [Not yet ratified.] 
Guatemala. [Not yet ratified.] 

Haiti. [Not yet ratified.] 

Persia. [Not yet ratified.] 
Salvador. [Not yet ratified.] 

Siam. [Not yet ratified.] 
Turkey. [Not yet ratified.] 

Uruguay. [Not yet ratified.] 



258 RESERVATIONS TO THE 1907 CONVENTIONS 

RESERVATIONS AT SIGNATURE 

CONVENTION XIII 
China. [Not a signatory Power.] 

Dominican Republic. With reservation regarding Article 12. 

Germany. Under reservation of Articles 11, 12, 13 and 20. 

Great Britain. Under reservation of Articles 19 and 23. 

Japan. With reservation of Articles 19 and 23. 

Persia. Under reservation of Articles 12, 19 and 21. 

Siam. Under reservation of Articles 12, 19, and 23, 

Turkey. Under reservation of the declaration concerning Article 10 

contained in the proces-verhal of the eighth plenary session of the 

Conference held on October 9, 1907. 

Extract from the proces-verbal: 

The Ottoman delegation declares that the straits of the Dar- 
danelles and the Bosphorus can not in any case be referred to by 
Article 10. The Imperial Government could undertake no engagement 
whatever tending to limit its undoubted rights over these straits.^ 

United States. [Not a signatory Power.] 



FINAL ACT=^ 

Switzerland. Under reservation of Van No. 1, which the Swiss 
Federal Council does not accept. 



iStaternent of Turkhan Pasha. Actes et documents, vol. i, p. 285. 
2The Final Act, being a summary of the proceedings of the Conference, is not 
a conventional agreement and accordingly is not ratified. 



RESERVATIONS TO THE 1907 CONVENTIONS 259 

RESERVATIONS AT RATIFICATION 

CONVENTION XIII 

China. Adhesion with reservation of paragraph 2 of Article 14, 
paragraph 3 of Article 19, and of Article 27. 

Dominican Republic. [Not yet ratified.] 

Germany. Reservation maintained in the act of ratification. 
Great Britain. [Not yet ratified.] 

Japan. Reservation maintained in the act of ratification. 

Persia. [Not yet ratified.] 

Siam. Reservation maintained in the act of ratification. 

Turkey. [Not yet ratified.] 



United States. The act of adhesion contains the following reser- 
vation : 

That the United States adheres to the said Convention, subject to 
the reservation and exclusion of its Article 23 and with the under- 
standing that the last clause of Article 3 thereof implies the duty of a 
neutral Power to make the demand therein mentioned for the return 
of a ship captured within the neutral jurisdiction and no longer within 
that jurisdiction. 



INDEX OF PERSONS 

Page 

Abdullah Pasha, General, delegate of Turkey to first conference 24 

Ahmed Khan Sadi^ ul Mulk, delegate of Persia to second conference W 

as plenipotentiary of Persia, signed 1910 additional protocol 205 

Aklyama, Major General IToshlfuru, delegate of Japan to second conference 15 

Alvarez Calder6n, Manuel, as plenipotentiary of Peru, signed 1910 additional 

protocol 205 

Amourel, General, delegate of France to second conference 11 

Arago, Rear-Admiral, delegate of France to second conference 11 

Arce, Francisco de, as plenipotentiary of Guatemala, signed 1910 additional 

protocol 205 

Ardagh, Sir John Charles, delegate of Great Britain to first conference 12 

Ariga, Nagao, delegate of Japan to first conference 15 

Arlstarchi Bey, as plenipotentiary of Turkey, signed 1910 additional protocol 206 

Asser, Tobias Michael Carel, delegate of Netherlands to first and second con- 
ferences 18, 17 

Bagner, Arturo de, delegate of Spain to first conference 10 

Barantzew, Count, delegate of Russia to first conference 21 

Barbosa, Buy, delegate of Brazil to second conference 6 

Barra, Francisco Ledn de la, delegate of Mexico to second conference 16 

Basily, A., delegate of Russia to first conference 21 

Batlle y Ordonez, Jos^, delegate of Uruguay to second conference 24 

Beaufort, Willeni Hendrlk de, delegate of Netherlands to second conference 17 

Beer Poortugrael, Jacobus Catharinus Cornells den, delegate of the Netherlands to 

first and second conferences 17, IS 

Beernaert, Augnste, delegate of Belgium to first and second conferences 5 

Behr, Captain F., delegate of Russia to second conference 21 

Beldiman, Alexandre, delegate of Roumania to first and second conferences 20 

Bbiivanarth Nariibal, Captain Liuang, delegate of Siam to second conference 22 

Bianco, Chevalier Auguste, delegate of Italy to first conference 14 

Bihonrd, Georges, delegate of France to first conference 11 

Bildt, Baron Carl Nils Daniel, delegate of Sweden and Norway to first conference.. 2.3 

Bille, Fr. E., delegate of Denmark to first conference 9 

Borel, Colonel Eugene, delegate of Switzerland to second conference 23 

Bourgeois, E6on, delegate of France to first and second conferences 10 

Brandstrom, P. H. E., delegate of Sweden to first conference 23 

Brun, Constantin, delegate of Denmark to second conference 9 

Buchanan, Sir George William, as plenipotentiary of Great Britain, signed 1910 

additional protocol 205 

Buchanan, William I., delegate of United States to second conference 3 

Buquet, Colonel Sebastian, delegate of Uruguay to second conference 24 

Bustamante y Sirven, Antonio S&ncbez de, delegate of Cuba to second conference. 9 

Butler, Charles Henry, delegate of United States to second conference 3 

Campa, Miguel Angel, as plenipotentiary of Cuba, signed 1910 additional 

protocol 204 

Candamo, Carlos G., delegate of Peru to second conference 19 

Carlin, Gaston, delegate of Switzerland to second conference 23 

as plenipotentiary of Switzerland, signed 1910 additional protocol 205 

Castenskjold, John Wilhelm Grevenkop, as plenipotentiary of Denmark, signed 

1910 additional protocol 204 

Castiglia, Captain Francois, delegate of Italy to second conference 14 

Castilho, Captain Augusto de, delegate of Portugal to first conference 20 

Castro, Juan Pedro, delegate of Uruguay to second conference 24 



262 INDEX OF PERSONS 

Page 

Chao6n, Captain Francisco, delegate of Spain to second conference 10 

Chang Chins-tongr, delegate of China to second conference 8 

Chao Hi-chiu, delegate of China to second conference 8 

Cbatidej Udom, Major General Mom, delegate of Siam to second conference 22 

Cboate, Joseph H., delegate of United States to second conference 2 

Coanda, Colonel Constantin, delegate of Roumania to first conference 20 

Cockerill, Major George Kynaston, delegate of Great Britain to second conference. 13 

Concha, Cfirlos, delegate of Chile to second conference 7 

Court, lileutenant Colonel C. k., delegate of Great Britain to first conference 12 

Crowe, Byre, delegate of Great Britain to second conference 12 

Crozier, Captain William, delegate of United States to first conference 3 

Dalbfimar, Jean Joseph, delegate of Haiti to second conference 13 

Davis, Brigadier General George B., delegate of United States to second conference. 3 

Uelyanni, N. P., delegate of Greece to first conference 13 

Denison, Henry Willard, delegate of Japan to second conference 15 

Descamps, Edouard Eugene Francois, Baron, delegate of Belgium to first confer- 
ence 6 

Dimitrieff, Commander S., delegate of Bulgaria to second conference 7 

Dorn y de Alsua, Enrique, delegate of Ecuador to second conference 10 

Drago, Luis Maria, delegate of Argentine Republic to second conference 4 

Ehrensvard, Johan Jacob Albert, as plenipotentiary of Sweden, signed 1910 addi- 
tional protocol 205 

Elles, Sir Edmond Roche, delegate of Great Britain to second conference 12 

Esteva, Gonzalo A., delegate of Mexico to second conference 15 

Estournelles de Constant, Paul Henri Benjamin, Baron d', delegate of France to 

first and second conferences 11 

Eyschen, Paul, delegate of Luxemburg to first and second conferences 15 

Eysinga, Jonkheer W. J. M. van, delegate of the Netherlands to second conference. 18 

Fallon, Baron A., as plenipotentiary of Belgium, signed 1910 additional protocol.. 204 
Ferraz, Lieutenant Commander Guilberme Ivens, delegate of Portugal to second 

conference 20 

Fisher, Sir John A., delegate of Great Britain to first conference 12 

Foster, John Watson, delegate of China to second conference 8 

Fromageot, Henri Auguste, delegate of France to second conference 11 

Fry, Sir Edward, delegate of Great Britain to second conference 12 

Fuente, Gustavo de la, delegate of Peru to second conference 19 

Fusinato, Guido, delegate of Italy to second conference 14 

Gana, Domingo, delegate of Chile to second conference 7 

Garcia Rosado, Lieutenant Colonel Tomaz Antonio, delegate of Portugal to second 

conference 20 

Giesl von Gieslingen, Baron Wladimir, delegate of Austria-Hungary to second con- 
ference 5 

Gil Fortoul, Jos6, delegate of Venezuela to second conference 24 

Gilinsky, Colonel, delegate of Russia to first conference 21 

Gomez Carillo, Enrique, delegate of Guatemala to second conference 13 

Goppert, Dr., delegate of Germany to second conference 2 

Grelle Rogier, Count de, delegate of Belgium to first conference 6 

Grieg, Joachim, delegate of Norway to second conference 17 

Gross von Schwarzhoff, Colonel, delegate of Germany to first conference 2 

Grouitch, General Sava, delegate of Servia to second conference 22 

Guachalla, Fernando E., delegate of Bolivia to second conference 6 

Gudenus, Baron Erwein, as plenipotentiary of Austria-Hungary, signed 1910 ad- 
ditional protocol 204 

Guesalaga, Alejandro, as plenipotentiary of Argentine Republic, signed 1910 ad- 
ditional protocol 204 

Guillaume, Jean Jules Gustave Paul, Baron, delegate of Belgium to second con- 
ference 6 

Giindell, Major General von, delegate of Germany to second conference 2 



INDEX OF PERSONS 263 

Page 
Gutierrez Ponce, Isnacio, as plenipotentiary of Colombia, signed 1910 additional 

protocol 204 

Hagerup, George Francis, delegate of Norway to second conference 17 

as plenipotentiary of Norway, signed 1010 additional protocol 205 

Hammarskjold, Knut HJalmar Leonard, delegate of Sweden to second conference. 23 

Hau8, Rear-Admiral Antoine, delegate of Austria-Hungary to second conference... 5 

Hayashi, Baron Tadatiu, delegate of Japan to first conference 13 

Hedengren, Colonel David, delegate of Sweden to second conference 23 

Ilellner, Johannes, delegate of Sweden to second conference 23 

Helsmoortel, John, as plenipotentiary of Salvador, signed 1910 additional protocol 205 

Hennebicq, L^on, delegate of Persia to second conference 19 

Henriquez i Carvajal, Francitico, delegate of Dominican Republic to second con- 
ference 9 

Hessaptchieff, Major Cbrlsto, delegate of Bulgaria to first conference 7 

Heuvel, Jules van den, delegate of Belgium to second conference 6 

Hill, David Jayne, delegate of United States to second conference 3 

Hjulhammar, Captain C. A. M. de, delegate of Sweden to first conference 23 

Holgruin, General Jorge, delegate of Colombia to second conference 8 

Holls, Frederick W., delegate of United States to first conference 3 

Ho Yen-chengr, delegate of China to first conference 8 

Hoo Wel-teh, delegate of China to first conference 8 

Howard, Sir Henr.v, delegate of Great Britain to first and second conferences 12 

Huber, Professor Max, delegate of Switzerland to second conference 23 

Hudicourt, Pierre, delegate of Haiti to second conference 14 

Hurst, Cecil James Barrington, delegate of Great Britain to second conference... 12 
Jimenez, Juan Antonio, as plenipotentiary of Panama, signed 1910 additional 

protocol 205 

Karandjonloff, Ivan, delegate of Bulgaria to second conference 7 

Karnebeek, Jonliheer A. P. C. van, delegate of Netherlands to first conference 17 

Karnebeek, Jonkheer Herman Adriaan van, delegate of Netherlands to second 

conference 18 

Khuepach zu Reid, Victor von, delegate of Austria-Hungary to first conference 5 

Klint, Commander Gustaf af, delegate of Sweden to second conference 23 

Konek de Norwall, Emil, delegate of Austria-Hungary to second conference 5 

Konow, W., delegate of Norway to first conference 23 

Kriege, Johannes, delegate of Germany to second conference 1 

Kiinzli, Colonel Arnold, delegate of Switzerland to first conference 23 

Lacaze, Captain, delegate of France to second conference 11 

Lammasch, Heinrich, delegate of Austria-Hungary to first and second conferences. 5 

L>ange, Christian Lous, delegate of Norway to second conference 17 

L^ger, J. N., delegate of Haiti to second conference 14 

lioeff, J. A., delegate of the Netherlands to second conference 18 

liou Tseng-tsiang, delegate of China to first and second conferences 8 

Low, Seth, delegate of United States to first conference 3 

Macchio, Baron Carl von, delegate of Austria-Hungary to second conference 4 

Macedo, Count de, delegate of Portugal to first conference 19 

Machain, £usebio, delegate of Paraguay to second conference 17 

Mahan, Captain Alfred T., delegate of United States to first conference 3 

Marees van Swindcren, Jonkheer Reneke de, as plenipotentiary of the Netherlands, 

signed 1910 additional protocol 205 

Marschall von Bieberstein, Baron, delegate of Germany to second conference 1 

Martens, Fedor Fedorovich, delegate of Montenegro to second conference 16 

delegate of Russia to first and second conferences 20 

Martin, Captain Juan A., delegate of Argentine Republic to second conference 4 

Maschine, Colonel, delegate of Servia to first conference 22 

Matheu, Pedro J., delegate of Salvador to second conference 21 

Matte, Augusto, delegate of Chile to second conference 7 

Maura y Gamazo, Gabriel, delegate of Spain to second conference 10 



264 INDEX OF PERSONS 

Page 

Mavrocordato, Edgrard, delegate of Roumania to second conference 20 

Medina, Crisanto, delegate of Nicaragua to second conference 16 

Mehemed Pasha, K., delegate of Turkey to first and second conferences 24 

M^rey von Kapo8-M6re, Gaetan, delegate of Austria-Hungary to first and second 

conferences 5i 4 

Michelson, Colonel, delegate of Russia to second conference 21 

Mler, Sebasti&n B. de, delegate of Mexico to first and second conferences 15,16 

Militchevitch, Michel G., delegate of Servia to second conference 22 

Milovanovitch, Milovan G., delegate of Servia to second conference 22 

Mlyatovitch, Chedomille, delegate of Servia to first conference 22 

Monceau de Bergendal, Count Georges du, as plenipotentiary of Paraguay, signed 

1910 additional protocol 205 

Montes, General Ismael, as plenipotentiary of Bolivia, signed 1910 additional 

protocol 204 

Montojo, J. Jofre, delegate of Spain to second conference 10 

Motono, Ichiro, delegate of Japan to first conference 15 

Mounter, General, delegate of France to first conference 11 

Moura, Tancredo Burlamaqui de, delegate of Brazil to second conference 7 

Miiller, F^lix von, as plenipotentiary of Germany, signed 1910 additional protocol. 204 

Miinster, Count, delegate of Germany to first conference 1 

Nelidow, Alexander, delegate of Montenegro to second conference 16 

delegate of Russia to second conference 20 

Newel, Stanford, delegate of United States to first conference 3 

Nigra, Count Costantino, delegate of Italy to first conference 14 

Noury Bey, Mehemed, delegate of Turkey to first conference 24 

Nuvatr, Phya Surlya, delegate of Siam to first conference 22 

Odier, Edouard, delegate of Switzerland to first conference 23 

Okolics&nyi von Okolicsna, Alexander, delegate of Austria-Hungary ro first con- 
ference 4 

Olarte, Enrique, as plenipotentiary of Mexico, signed 1910 additional protocol 205 

Ollveira, Alberto d', delegate of Portugal to second conference 20 

Oordt, Lieutenant Colonel H. Ii. van, delegate of the Netherlands to second con- 
ference 18 

Orelli, Corragioni d', delegate of Siam to first and second conferences 22 

Ornellas, Captain Ayres d', delegate of Portugal to first conference 20 

Ornellas de Vasconcellos, Agostinho d', delegate of Portugal to first conference.... 19 

Ottley, Captain Charles Langdale, delegate of Great Britain to second conference. 12 

Ovtchinnikow, Colonel, delegate of Russia to first and second conferences 21 

Papiniu, Jean N., delegate of Roumania to first conference 20 

Pauncefote, Sir Julian, delegate of Great Britain to first conference 12 

Pellet, Eugene Antoine Marcellin, delegate of France to second conference 11 

as plenipotentiary of France, signed 1910 additional protocol 205 

P^phau, Rear- Admiral, delegate of France to first conference 11 

P^rer Triana, Santiago, delegate of Colombia to second conference 8 

delegate of Salvador to second conference 21 

Pinilla, Claudio, delegate of Bolivia to second conference 6 

Pompilj, Guldo, delegate of Italy to first and second conferences 14 

Porras, Belisario, delegate of Panama to second conference 17 

Porter, Horace, delegate of United States to second conference 3 

Prozor, Maurice, delegate of Russia to second conference 21 

Puga Borne, Federico, as plenipotentiary of Chile, signed 1910 additional protocol. 204 

Quesada y Ar6stegui, Gonzalo de, delegate of Cuba to second conference 9 

Kaflfalovich, A., delegate of Russia to first conference 21 

Rahusen, Eduard Nicholaas, delegate of Netherlands to first conference 18 

Raif Bey, delegate of Turkey to second conference 24 

Rangabe, C14on Rizo, delegate of Greece to second conference 13 

Rangel de Sampaio, Carlos, as plenipotentiary of Portugal, signed 1910 additional 

protocol 205 



INDEX OF PERSONS 265 

Page 
Beay (Donald James Mackay), Lord, delegate of Great Britain to second con- 
ference 12 

R^-hid Bey, delegate of Turkey to second conference 24 

Renault, Louis, delegate of France to first and second conferences 11 

Renddn, Victor Manuel, delegate of Ecuador to second conference 10 

as plenipotentiary of Ecuador, signed 1910 additional protocol 201 

Retzmann, Lieutenant Commander, delegate of Germany to second conference 2 

Reynolds, General Francisco, delegate of Argentine Republic to second conference 4 
Rica y Calvo, Jos6 de la, delegate of Spain to second conference 10 

as plenipotentiary of Spain, signed 1910 additional protocol 205 

Riza Khan, General Mirza, delegate of Persia to first conference 19 

Robilant, General Marins Nicolls de, delegate of Italy to second conference 14 

Rodriguez Larreta, Carlos, delegate of Argentine Republic to second conference... 4 

Roell, Jonkheer J. A., delegate of tbe Netherlands to second conference 18 

Rolin, Edouard, delegate of Siam to first conference 22 

Rose, Uriah M., delegate of United States to second conference 3 

Roth, Dr. Arnold, delegate of Switzerland to first conference 23 

S&enz Pefia, Roqne, delegate of Argentine Republic to second conference 4 

Sai'd Bey, Mehemmed, delegate of Turkey to second conference 24 

Sakamoto, Captain Toshiatsn, delegate of Japan to first conference 15 

Sallier de la Tour, Count Giuseppe, Duke of Calvello, as plenipotentiary of Italy, 

signed 1910 additional protocol 205 

Samad Khan, delegate of Persia to first and second conferences 19 

Sampognaro, Virgilio, as plenipotentiary of Uruguay, signed 1910 additional 

protocol 206 

Sanguily, Manuel, delegate of Cuba to second conference 9 

Santos Lisboa, Eduardo Felix Simoes dos, delegate of Brazil to second conference. 6 

Sapountzakis, Colonel C, delegate of Greece to second conference 13 

Sato, Aimaro, delegate of Japan to second conference 15 

as plenipotentiary of Japan, signed 1910 additional protocol 205 

Satow, Sir Ernest Mason, delegate of Great Britain to second conference 12 

Scheine, Captain, delegate of Russia to first conference 21 

Scheller, Rear-Admiral C. F., delegate of Denmark to second conference 9 

Schnack, J. G. F. von, delegate of Denmark to first conference 9 

Scott, James Brown, delegate of United States to second conference 3 

as plenipotentiary of United States, signed 1910 additional protocol 204 

Segrave, Commander John Roderick, delegate of Great Britain to second con- 
ference 13 

Selir, Count de, delegate of Portugal to first and second conferences 20,19 

Serrallo, Count de, delegate of Spain to first conference 10 

Shimamura, Rear-Admiral Hayao, delegate of Japan to second conference 15 

Siben, Lieutenant Colonel, delegate of France to second conference 11 

Siegel, Rear-Admiral, delegate of Germany to first and second conferences 2 

Soltyk, Count Stanislas, delegate of Austria-Hungary to first conference 5 

Several, Marquis de, delegate of Portugal to second conference 19 

Sperry, Rear-Admiral Charles S., delegate of United States to second conference. . 3 
Staal, Baron, delegate of Montenegro to first conference 16 

delegate of Russia to first conference 20 

Stanciofif, Dr. Dimitri I., delegate of Bulgaria to first conference 7 

as plenipotentiary of Bulgaria, signed 1910 additional protocol 204 

Stengel, Baron von, delegate of Germany to first conference 1 

Streit, Georges, delegate of Greece to second conference 13 

Sturdza, Captain Alexandre, delegate of Roumania to second conference 20 

Surie, Lieutenant H. G., delegate of the Netherlands to second conference 18 

Sylvain, Georges, as plenipotentiary of Haiti, signed 1910 additional protocol 205 

Szil&ssy von Szil&s und Pills, Julius, delegate of Austria-Hungary to second con- 
ference 5 

Tadema, Captain A. P., delegate of the Netherlands to first conference 18 



266 • INDEX OF PERSONS 

Page 

Tcharykow, N., delegate of Montenegro to second conference 16 

delegate of Russia to second conference 21 

Tejera, Apolinar, delegate of the Dominican Republic to second conference 9 

Tetufin, Duque de, delegate of Spain to first conference 10 

Thaulow, Major General J. J., delegate of Norway to first conference 23 

Xible Macliado, JoKe, delegate of Guatemala to second conference 13 

Tingr, Colonel W. S. Y., delegate of China to second conference 8 

Tornielli Brusati di Vergano, Count Giuseppe, delegate of Italy to second con- 
ference 14 

Trompowsky JLeitao d'Almeida, Colonel Roberto, delegate of Brazil to second con- 
ference 7 

Tsien Sun, delegate of China to second conference 8 

Tsudzuki, Keiroku, delegate of Japan to second conference 15 

Turkhan Pasha, delegate of Turkey to first and second conferences 24 

Uehara, Colonel Yusaku, delegate of Japan to first conference 13 

Vargas, General Marceliano, delegate of Colombia to second conference 8 

Vedel, Axel, delegate of Denmark to second conference 9 

Veljkovitch, Dr. Voislave, delegate of Servia to first conference 22 

Villa Urrutia, Wenceslao Ramirez de, delegate of Spain to first and second con- 
ferences 10 

Villers, Count de, delegate of Luxemburg to first and second conferences 15 

Vinaroff, Major General Vrban, delegate of Bulgaria to second conference 7 

Visuddha Suriya Sakdi, Phya, delegate of Siam to first conference 22 

Visutr Kosa, Phya, as plenipotentiary of Siam, signed 1910 additional protocol... 205 

Weil, Otto Ritter von, delegate of Austria-Hungary to second conference 5 

Welsersheimb, Count R. von, delegate of Austria-Hungary to first conference 4 

White, Andrew D., delegate of United States to first conference 2 

Yang Yii, delegate of China to first conference 8 

Yarde-BuUer, Liieutenant Colonel Henry, delegate of Great Britain to second con- 
ference 13 

Yerniolow, 3Iajor General, delegate of Russia to second conference 21 

Zannini, Count A., delegate of Italy to first conference 14 

Zenil, J^sus, delegate of Mexico to first conference 10 

Zorn, Dr. Phillpp Karl Ludwig, delegate of Germany to first and second con- 
ferences 2 

Zuccari, Chevalier Louis, delegate of Italy to first conference 14 



INDEX-DIGEST 

Abbreviations 

a annex (t. e.. the Regulations annexed to the 1899 Convention II and 1907 Conven- 
tion IV). 

d draft convention on a judicial arbitration court, being the annex to the 1907 Final Act. 

f Final Act. 

(m).. .modified (appears vi'here articles of a 1907 convention are modified forms of same 
article in corresponding 1899 convention). 

(n)...nevi' (appears where articles are new, though the conventions in which they appear are 
revised from 1899 conventions). 

p preamble. 

The Roman numerals refer to the numbers of the conventions as given in the Final 

Acts, pp. 25 and 26. 
Italics refer to the article numbers of the various conventions. 

Additional protocol to prize court convention Page 

signatory powers 203 

text 204 

when recourse to international prize court is only in an action for damages, 1 206 

in an action for damages, article 8 of convention XII not applicable, s 206 

rules of procedure in action in damages, 4 206 

suit for damages to be brought by written declaration addressed to international 

bureau, 5 206 

international bureau shall notify government of belligerent captor of declaration of 

action, 6 207 

transmission of case to international bureau, 6 207 

transmission of record, after decision, by court to government of belligerent captor, 7. 207 

additional protocol an integral part of convention XII 207 

adherence to protocol subordinated to adherence to convention, 9 207 

Adhesion of non-sig:natory states to 1899, I, and 1907, I 

special arrangements regarding, 1899, I, 60; 1907, I, 9^(m) 79 

Adhesions 

conditions of adhesion to 1899 convention I, 1899, I, 60 79 

conditions of adhesion to 1907 convention I, 1907, I, 94 79 

to prize court convention and protocol 207 

tables of 229, 235 

Administration of territory 

occupant of enemy country can levy additional money taxes only for army needs 

and for, 1899, Ila, 49; 1907, IVa, 49 124 

Administrative council at The Hagrne 

composed of diplomatic representatives of the powers, 1899, I, 38 62 

controls international bureau, 1899, I, 28 62 

duties of, 1899, I, 28; 1907, I, ^9(m) 62 

fulfils same duties for international prize court as for permanent court of arbitration, 

1907, XII, i3 194 

fulfils same duties for judicial arbitration court as for permanent court of arbitration, 

1907, d,i2 34 



268 INDEX-DIGEST 

Aeroplanes. See Aircraft. Page 

Agents 

parties may appoint agents before international prize court, 1907, XII, 25 194 

also permanent court of arbitration, 1899, I, 37; 1907, 1, 62 68 

Agricultural works belonging to the state 

treatment of, 1899, Ila, 55; 1907, IVa, 55 126 

Aircraft 

declarations prohibiting launching of projectiles ana explosives from, 1899, IV(1); 

1907, XIV, texts (see also marginal notes) 220 

signatory, ratifying and adhering powers 222, 223 

denunciation, method of 221 

bombardment of undefended places, 1907, IVa, ^5(m) 117 

legitimate uses of, 1899, Ila, 29; 1907, IVa, 29 119 

seizure of, by belligerent in occupied territory, 1907, IVa, 5i(m) 126 

Aliens 

in relation to military charges, vceu concerning, 1907, f 29 

Allegiance to occupying enemy 

inhabitants of occupied territory need not swear, 1907, IVa, 45 123 

Ammunition. See Munitions of war. 

Anchored submarine mines. See under Mines. 

Angary 

neutral railway material in territory of belligerent, 1907, V, 19 137 

Annual report of judicial arbitration court 

shall be made to powers and judges, 1907, d, 15 35 

Appeal 

to international prize court decided by local law, after decision of national prize court, 

method of, 1907, XII, 6 190 

of other parties, 1907, XII, 33 196 

respondent receives copy of, 1907, XII, 32 196 

Arbitral award, 

report of international commission of inquiry is not an, 1899, I, 14; 1907, 1, 35 54 

Arbitral justice. See Arbitration court. 

Arbitration, compulsory 

declaration respecting, 1907, f '^'^ 

Arbitration court, judicial 

vau concerning 1907, f 28 

draft convention relative to the creation of a, 1907, d 31 

constitution 31 

administrative council of permanent court of arbitration exercises same functions 

with respect to judicial court of arbitration, 12 34 

agreement to constitute, / 31 

annual report shall be made to powers and judges, 15 35 

delegation, organization of the, 6 32 

international bureau acts as registry to court, 13 34 

judges, character of, 2 31 

method of ranking, 4 32 

shall serve 12 years, 3 32 



INDEX-DIGEST 269 

Page 

can not be counsel for party before the court, 7 33 

can not decide cases in which they have previously taken part, 7 33 

compensation for, p 33 

enjoy diplomatic privileges, 5 32 

may also be judges of international prize court, 16 35 

receive no compensation from own or other government, 10 34 

required to take oath, 3 32 

meetings of court, 14 34 

president of court, how elected, 5 33 

sits at The Hague, // 34 

sits elsewhere with consent of parties, 11 34 

vacancy, manner of filling, 3 32 

competency and procedure of 35 

contracting powers only may apply to, il 36 

costs, how paid, ^9 38 

court follows rules in 1907, I, except so far as this convention provides, ^^ 36 

court may deal with all cases submitted in virtue of special or general treaties, 77. . 35 

decision is made by majority, 27 37 

is signed by president and registrar, i8 38 

must contain names of judges taking part, ^8 38 

must give reasons, 38 38 

delegation can decide cases by summary procedure, 18 35 

each party nominates a judge to the, 20 36 

if acting as commission of inquiry, each party may nominate any person to 

the, 20 36 

may draw up compromis if parties agree, IQ 35 

or in case of dispute governed by general treaty, ig 36 

or in case of dispute originating from contract debts, rp 36 

may hold inquiry, 18 35 

method of voting in, 30 38 

procedure, 30 38 

discussions are under control of presiding officer, 26 37 

expenses of the court are borne by the powers, 31 33 

international bureau serves as channel for communications to judges, 24 37 

languages to be used, court determines, 23 37 

modifications to present convention, court may propose, 33 38 

notices to be served, how, 25 37 

procedure, court draws up its own, 32 38 

proceedings are secret, 27 37 

Arbitration, international. See also Arbitration procedure; International commis- 
sions of inquiry; International prize court; Arbitration court, judicial; Arbi- 
tration, permanent court. 

convention for the pacific settlement of international disputes, 1899, I; 1907, 1 41 

is most effective in questions of a legal nature and in the interpretation of inter- 
national conventions, 1899, I, 16; 1907, I, jS 55 

object, 1899, I, 15; 1907, I, 37 55 

obligation to submit to award, 1899, I, 18; 1907, I, 57(m) 56, 55 

of contract debts, award shall determine validity, amount, and time of payment of 

claim in, 1907, U, z 89 

powers should have recourse to international arbitration, 1907, I, j8(n) 55 

right reserved to conclude special or general arbitration treaties, 1899, I, /p; 1907, 

I, 40 56 

subjects embraced by convention, 1899, I, 17; 1907, I, iP 56 

Arbitration, permanent court. See also Administrative council. 

arbitrators, each power shall select four, 1899, I, 23; 1907, I, 44 58 

death of judge, vacancy shall be filled in manner of election in case of, 1899, I, 23; 

1907, I, 44 58 



270 INDEX-DIGEST 

Page 

and for fresh period of six years, 1907, I, 44(m) 59 

international bureau. See also International bureau. 

disputant can address note indicating willingness to arbitrate to, 1907, I, ^S(n).... 62 

is at disposal of any board of arbitration, 1899, I, 26; 1907, I, 47(m) 61 

shall be record office of court, 1899, I, 22; 1907, J, 43 57 

judge, several powers may select the same, 1899, I, 23; 1907, 1, 44 58 

judges, enrolment of, 1899, I, 23; 1907, I, 44(m) 58 

maintenance of, 1907, I, 4i(m) 57 

members have diplomatic immunitie.';, 1899, I, 24; 1907, I, 46 60 

metiiod of calling, 1899, I, 24; 1907, I, 46(.m) 60 

method of forming, 1899, I, 24; 1907, I, 45(m) 59 

non-signatory powers may take advantage of the court by agreement, 1899, I, 26; 

1907, I, ^7(m) 61 

organization of court undertaken, 1899, I, 20 57 

permanent court shall be competent unless special tribunal is created, 1899, I, 21; 

1907, I, 42 57 

sits at The Hague, 1907, I, 43M 57 

six years is term of judges, 1899, I, 23; 1907, I, 44 59 

third power may remind disputants of existence of, 1899, I, 27; 1907, I, 48(.m) 61 

this is not an unfriendly act, 1899, I, 27; 1907, I, 48 61 

powers should have recourse to, 1907, I, 38(.n) 55 

Arbitration procedure 

advantages attending regular organization, 1899, I, p; 1907, I, p 41 

agents and counsel may be retained by each party before the tribunal, 1899, I, 37; 

1907, 1, 62 68 

arbitrator, selection of, 1899, I, 32; 1907, I, 55 66 

arbitration procedure when sovereign is arbitrator, 1899, I, 33; 1907, I, ^6 67 

award of tribunal binds only powers signing compromis, 1899, I, 56; 1907, I, 84 75 

is read in public, 1899, I, 55; 1907, I, 80 74 

may be revised, if the right is reserved in the compromis, 1899, I, 55; 1907, I, 83. ... 74 

must give reasons, 1899, I, 52; 1907, I, 79 73 

must have signature of all members, 1899, I, 52 73 

must have signature of president and registrar, 1907, I, 79(m) 73 

puts an end to dispute without appeal, 1899, I, 54; 1907, I, 81 74 

shall be referred to tribunal in case of dispute as to execution, 1907, I, 82{n) 74 

commission forms tribunal when it draws up compromis, 1907, I, 5S(n) 67 

compromis defined, 1899, I, 31; 1907, I, 5^('m) 64 

is made by commission of five members if left to the court, 1907, I, 54(n) 66 

permanent court may, if both parties agree, settle, 1907, I, 5j(n) 65 

permanent court may, at the request of one of the disputants, settle compromis in 

case of general arbitration treaty or dispute on contract debts, 1907, I, 5j(n)... 65 

counsel may present arguments orally, 1899, I, 45; 1907, I, 70 71 

may raise objections, 1899, I, 46; 1907, I, 71 71 

death of arbitrator, position filled in same manner as he was elected, 1899, I, 35; 

1907, I, 59 67 

decision of tribunal is by majority, 1899, I, 57; 1907, I, 78 73 

on objections raised by counsel is final, 1899, I, 46; 1907, I, 71 71 

deliberation of tribunal is private, 1899, I, 5/ 73 

and proceedings are secret, 1907, I, 7S(m) 73 

discussion, 1899, I, 59; 1907, I, 63 69 

close of, 1899, I, 50; 1907, I, 77 73 

how conducted, 1899, I, 41; 1907, I, 66 70 

documents produced must be communicated to opponent, 1899, I, M 69 

certified copies of, 1907, I, d^fm) 69 

expenses of tribunal, how borne, 1899, I, 57; 1907, I, 85 75 

information, parties agree to furnish all necessary, 1907, I, 75(n) 72 

intervening powers are bound by award, 1899, I, 56; 1907, I, 84 75 

intervening powers, states affected by the tribunal's interpretation of a convention 

may become, 1899, I, 56; 1907, I, 84 75 



INDEX-DIGEST 271 

Page 
judges may not be agents, counsel, or advocates, except for power which appointed 

them, 1907, I, 6^(n) 68 

languages to be used decided upon by tribunal, 1899, I, 38 68 

if compromis does not provide therefor, 1907, I, 61 68 

members of tribunal may put questions and ask explanations, but these are not ex- 
pression of court's opinion, 1899, I, 47; 1907, I, 72 71 

notices to be served on territory of a third state, shall be served by that state at 

request of tribunal, 1907, I, 76(n) 72 

preliminary proceedings, 1899, I, 39; 1907, I, 6j(m) 69 

submission of new documents, 1899, I, 43; 1907, I, 67 70 

president of tribunal, how chosen, 1899, I, 34; 1907, I, 57 67 

revision of award, method of demanding, 1899, I, j5; 1907, I, 83 74 

rules in this convention shall apply in default of others, 1899, I, 30; 1907, I, ^/(m) . . . 64 
summary 

agent, each party has, 1907, I, SpCn) 77 

arbitrators, method of selection, 1907, I, S7(n) 76 

oral explanations from agents or witnesses may be demanded by tribunal, 1907, I, 

po(n) 77 

proceedings are written, 1907, I, 9o(n) 77 

rules for, 1907, I, 86(n) 76 

time in which cases must be submitted, tribunal determines, 1907, I, 8S(.n) 76 

witnesses, each party may summon, 1907, I, 90(n) 77 

tribunal does not meet till pleadings are closed, 1907, I, 65(n) 70 

is competent to interpret compromis and apply international law, 1899, I, 48; 

1907, I, 73 72 

may consider and demand new documents, but must communicate same to opponent, 

1899, I, 43; 1907, I, 68 70 

may issue rules of procedure, 1899, I, 49; 1907, I, 74 72 

method of constitution, 1899, I, 32; 1907, I, 55(m) 66 

place of meeting can not be changed without consent of parties, 1899, I, 25; 1899, 

I, 36; 1907, I, 60 61, 67 

in territory of third power with latter's consent, 1907, I, 6o(n) 67 

ordinarily at The Hague, 1899, I, 36; 1907, I, 60 67 

Arbitrators 

selection of, 1899, I, 32; 1907, I, 55 66 

method of selection for summary procedure, 1907, I, 57(n) 76 

powers shall each select four persons to act as, 1899, I, 23; 1907, I, ^^(m) 58 

Argentine Kepublic 

adiiesions and dates thereof 230 

delegates to second conference 4 

reservation to 1907 Convention II 92 

to 1907 Convention V 140 

signatory of 1910 additional protocol 208 

Armaments, limitation of. See under L.imitation. 

Armed land forces 

consist of what, 1899, Ila, 3; 1907, IVa, 3 108 

Armies 

signatory powers shall issue instructions in accordance with laws and customs of war 

on land to, 1899, II, /; 1907, iV, i 102 

Armistice 

defined; duration, 1899, Ila, 36; 1907, IVa, 36 121 

general or local, 1899, Ila, 37; 1907, IVa, 37 121 



272 INDEX-DIGEST 

Page 
must be notified in good time to competent authorities and troops, 1899, Ila, 38; 

1907, IVa, 38 121 

regulation of intercourse in theater of operations, 1899, Ila, jp; 1907, IVa, 39 121 

suspension of hostilities, 1899, Ila, 38; 1907, IVa, 38 121 

violation by one party gives other right to denounce, 1899, Ila, 40; 1907, IVa, 40 122 

by private individuals gives right to demand punishment thereof and compensation, 

1899, Ila, 41; 1907, IVa, 41 122 

Arms 

causing unnecessary suffering forbidden, 1899, Ila, 23; 1907, IVa, 23 116 

do not remain property of prisoners of war, 1899, Ila, 4; 1907, IVa, 4 108 

neutral power need not prevent export and transport of, 1907, V, 7 134 

occupant of territory shall take possession of, 1899, Ila, 53; 1907, IVa, 53 125 

even if property of private individuals, but latter shall be restored at end of war and 

compensation made, 1899, Ila, 55; 1907, IVa, 53 126 

Poisoned, are forbidden, 1899, Ila, 23; 1907, IVa, 23 116 

Army of occupation 

can take possession of, what, 1907, IVa, $3 125 

militia and volunteer corps part of, when, 1907, IVa, j 107 

Art 

during bombardment besieged must designate buildings devoted to, 1899, Ila, 27; 

1907, IVa, 27; 1907, IX, 5 (by naval forces) 118, 158 

besiegers must spare as far as possible buildings devoted to, 1899, Ila, 27; 1907, IVa, 

27; 1907, IX, 5 (by naval forces) 118,158 

occupant of territory shall treat as private property the property of establishments 

devoted to, 1899, Ila, 56; 1907, IVa, 56 127 

property of art establishments can not be seized, destroyed, or intentionally damaged, 

1899, Ila, 56; 1907, IVa, 56 127 

Asphyxiating: or deleterious g:ases 

declaration prohibiting diffusion thereof, 1899, IV (2) 225 

signatory, ratifying and adhering powers 226 

denunciation, method of 225 

Assaults. See Bombardment. 

Assessor. See under International prize court. 

Asylum 

to land forces, 1907, V, //, T2 137 

to naval forces. See under Neutral ports and waters. 

to prisoners, 1907, V, 13 137 

to wounded and sick, 1907, V, 14, 15 137, 138 

Attorneys 

who may act for private individuals before international prize court, 1907, XII, 26.... 195 

Austria-Hungary 

delegates to first and second conferences 4 

ratifications and dates thereof 230, 236, 237 

reservation to 1907 Convention IV 131 

signatory of 1910 additional protocol 208 

Automatic contact mines. See Mines. 

Award. See also under Arbitration procedure. 

in arbitration of contract debts the validity, amount, and time of payment of claim 

shall be determined by, 1907, II, 2 89 



INDEX-DIGEST 273 

Page 
powers agree not to use force in collecting contract debts except when debtor refuses 

to arbitrate or carry out, 1907, II, i 89 

Balloons, etc. See Aircraft. 

Belgriuni 

delegates to first and second conferences 5 

ratifications and dates thereof 230, 236, 237 

signatory of 1910 additional protocol 208 

Belligerent. See also War on land; Naval war. 

army, neutral power is not responsible if persons cross frontier singly to join, 

1907, V, 6 134 

can not erect telegraph station on neutral territory or make military use of one so 

erected before the war, 1907, V, 3; 1907, V, 5 133, 134 

can not have more than three war-ships in harbor of neutral at one time, 1907, 

XIII, 15 212 

can not move troops or munitions of war across neutral territory, 1907, V, 2; 1907, 

V, 5 133, 134 

controls hospital ships, 1899, III, 4; 1907, X, 4 165 

converting merchant ship into war-ship must announce the fact, 1907, VII, 6 147 

may appeal to neutral merchant ships and yachts to take sick and wounded, 1907, 

X, p(n) 168 

may demand that sick and wounded on hospital ships, private yachts, etc., be handed 

over to it, 1907, X, I2{n) 170 

must institute bureau of information regarding prisoners of war, 1899, Ila, 14; 

1907, IVa, 14 112 

must pay for support of interned troops by neutral, 1907, V, 12 135 

war-ship. See War-ships, belligerent. 

Belligerents 

after engagement shall take care of shipwrecked, sick and wounded, prevent ill-treat- 
ment of, and examine the dead before burial, 1907, X, 7(5(n) 171 

and neutrals, vau concerning commercial and industrial relations between, 1907, f . . . . 29 

are limited as to means of injuring enemy, 1899, Ila, 22; 1907, IVa, 22 116 

capitulations between, involve what, 1907, IVa, 55 120 

communication between, by parlementaires, 1907, IVa, 32 119 

flag of truce, use of, in communicating, 1907, IVa, 32 119 

general rule of conduct for, 1907, IVp 101 

interned in neutral territory, 1907, V, 11, 12, 13, 14, 15 135, 136 

must respect rights and territory of neutrals, 1907, XIII, j; 1907, V, / 210, 133 

neutrals must show impartial treatment to, 1907, XIII, 9; 1907, V, 9 211,134 

recruiting in neutral territory, rule concerning, 1907, V, 4 134 

to notify neutrals of existence of war, 1907, III, 2 96 

Belligerents, qnaliflcations of 

certificate or distinctive badges required, when, 1899, Ila, /; 1907, IVa, i 107 

combatants and non-combatants, 1899, Ila, 3; 1907, IVa, 3 108 

commander required for, 1899, Ila, /; 1907, IVa, i 107 

conditions required for, 1899, Ila, i, 2\ 1907, IVa, j, 2 107 

distinctive emblem required for, 1899, Ila, j; 1907, IVa, 7 107 

sign, requirements for, 1899, Ila, i; 1907, IVa, / 107 

instruction in laws of war required, 1899, Ila, j; 1907, IVa, i; 1899, II, i; 1907, 

IV, / 107, 102 

levee en masse, 1899, Ila, 2; 1907, IVa, ^(m) 107 

militia, 1899, Ila, i; 1907, IVa, i 107 

should carry arms openly, 1899, Ila, i; 1907, IVa, / 107 

to conform to laws of war, 1899, Ila, /; 1907, IVa, / 107 

volunteers, requisites for commander, 1899, Ila, i; 1907, IVa, i 107 



274 INDEX-DIGEST 

Blockade Page 

postal correspondence destined for or proceeding from blockaded port, 1907, XI, 7. ... 182 
by submarine mines, 1907, VIII, 2 151 

Board 

lodging, and clothing of prisoners of war, 1907, IVa, 7 109 

Bolivia 

adhesions and dates thereof 230 

delegates to second conference 6 

ratifications and dates thereof 236, 237 

reservation to 1907 Convention II 93 

signatory of 1910 additional protocol 208 

Bombardment. See also under Aircraft. 

by naval forces, 

vau concerning, 1899, f 30 

convention 1907, IX, text (see also marginal notes) 157 

signatory, ratifying and adhering powers 161, 162 

denunciation, method of, iz 1^0 

reservations of, Chile, France, Germany, Great Britain and Japan 162 

care to be exercised, 2, S 157, 158 

for refusal of contributions, not allowed, 4 1 58 

exemption of certain buildings, and how to be marked, 5 158 

military necessity, 2, 6 157, 159 

of military establishments, 2 157 

notification to be given, 2, 6 157, 159 

not permissible, by presence solely of submarine mines, i 157 

pillage after bombardment prohibited, 7 159 

of undefended places prohibited, except when supplies immediately necessary are 

refused, I, 3 157,158 

on land, 

buildings exempt and how to be marked, 1899, Ila, 27; 1907, IVa, 27 118 

notification, 1899, Ila, 26; 1907, IVa, 26 117 

of undefended places, 1899, Ila, 25; 1907, IVa, 25 117 

Booty and captures 

private property can not be confiscated, 1899, Ila, 46, 47; 1907, IVa, 46, 47 123 

Brazil 

adhesions and dates thereof 230 

delegates to second conference 6 

ratifications and dates thereof 236, 237 

reservation to 1907 Convention 1 85 

Budgets 

resolutions concerning limitation of war, 1899, f ; 1907, f 28 

Buildingrs 

devoted to art, etc., 1907, R''a, 27, 56; 1907, IX, 5 118,127 

occupying state is usufructuary of public, 1899, Ila, 55; 1907, IVa, 35 126 

Bulgrarla 

delegates to first and second conferences 7 

ratifications and dates thereof 230 

signatory of 1910 additional protocol •• 208 

Bullets 

declaration prohibiting use of expanding bullets, 1899 text 227 

signatory, ratifying and adhering powers 228 



INDEX-DIGEST 275 

Page 

denunciation, method of 227 

projectiles causing superfluous injury, 1899, Ila, 23 e; 1907, IVa, 23 e 116 

Bureau, international. See International Bureau. 

Burials of dead 

prisoners of war, 1899, Ila, 19; 1907, IVa, ig 115 

Cables 

submarine, 1907, IVa, 5i(m), i4(n) ; 1907, V, 8, 9 126, 134 

Capitulation 

must be in accordance with military honor, 1899, Ila, 35; 1907, IVa, 35 120 

must be scrupulously observed, 1899, Ila, 35; 1907, IVa, 35 120 

Capture 

convention relative to certain restrictions with regard to the exercise of right of cap- 
ture in naval war, 1907, XI (see also the marginal notes) 182 

signatory, ratifying and adhering powers 186, 187 

denunciation, method of, 13 185 

coast fishing vessels, etc., exempt, 3 183 

crews of captured enemy ships, treatment of, 5, 6 183, 184 

postal correspondence exempt, except for violation of blockade, i 182 

neutral mail ships, treatment of, 2 183 

vessels on religious, philanthropic and scientific work exempt, 4 183 

personal property found on captured ships, 1907, X, //(n) 171 

private hospital ships exempt, 1899, III, 2; 1907, X, 2 164 

medical, religious, and hospital staffs are inviolable, 1899, III, 7; 1907, X, 10 169 

Captures and booty 

private property can not be confiscated, 1899, Ila, 46, 47; 1907, IVa, 46, 47 123 

Cargro 

enemy cargo on enemy merchant vessels at outbreak of hostilities, 1907, VI, 4 142 

Cash 

authority of military occupant over, 1899, Ila, 53; 1907, IVa, 53 125 

Censorship in occupied territory 

press, 1907, IVa, 53(m) 126 

telegraphs, etc., 1899, Ila, 53; 1907, IVa, 53(m) 126 

Certificate 

private hospital ships must bear, 1899, III, 2; 1907, X, 2 164 

of identification must be carried by newspaper reporters, sutlers, contractors, accom- 
panying army, 1899, Ila, 13; 1907, IVa, 13 112 

Charitable establishments 

shall be treated as private property, 1899, Ila, 56; 1907. IVa, 56 127 

should be designated by besieged during bombardment, 1899, Ila, 27; 1907, IVa, 27; 

1907, IX, 5 118,158 

should be spared by besiegers during bombardment, 1899, Ila, 27; 1907, IVa, 27; 1907, 

IX, 5 1 18, 158 

Chile 

adhesions and dates thereof 230 

delegates to second conference 7 



276 INDEX-DIGEST 

Page 

reservation to 1907 Convention 1 86, 240 

to 1907 Convention IX 162, 254 

to 1907 Convention XII 208, 256 

signatory of 1910 additional protocol 208 

China 

adhesions and dates thereof 230, 236, 237 

delegates to first and second conferences 8 

ratifications and dates thereof 230, 236, 237 

reservation to 1907 Convention X 180, 254, 255 

to 1907 Convention XIII 218, 258, 259 

Claims. See Arbitration; Contract debts; Prize. 

Coal. See Fuel. 

Colombia 

adhesions and dates thereof 230 

delegates to second conference 8 

reservation to 1907 Convention II 93, 244 

signatory of 1910 additional protocol 208 

Combatants and non-combatants 

as prisoners of war, 1899, Ila, 3; 1907, IVa, 5 108 

Commercial relations 

between inhabitants of belligerent and neutral countries, vceu concerning, 1907, f 29 

Commission of inquiry. See International commissions of inquiry. 

Communes 

it is forbidden to seize property of, 1899, Ila, 56; 1907, IVa, 56 127 

requisitions in kind except for necessity of army and in proportion to resources, can 

not be demanded of, 1899, Ila, 52; 1907, IVa, 5^ 125 

shall be treated as private property, the property of, 1899, Ila, 56; 1907, IVa, 56 127 

Communication 

between belligerents by parlementaires, 1899, Ila, 32, 34; 1907, IVa, 32, 34 119,120 

means of, in neutral countries, 1907, V, 3, 5, 8, g 133, 134 

occupying power may seize means of; must restore them at end of war with compensa- 
tion, 1899, Ila, 53; 1907, IVa, 5j(m) 126 

Compensation 

for private property seized, 1899, Ila, 55, 56% 1907, IVa, 55, 54(n). 5(> 125, 126, 127 

for violation of armistice by private individuals, 1899, Ila, 41; 1907, IVa, 41 122 

for violations of regulations respecting the laws and customs of war on land, 1907, 

IV, 5(n) 103 

Compromis. See nnder Arbitration procedure; Arbitration court, judicial. 

Conference of 1899 

Final Act 1 

list of delegates 1 

Conference of 1907 

Final Act 1 

list of delegates 1 



INDEX-DIGEST 277 

Conflscatlsn Page 

private property, 1899, Ila, 46, 47, 5<5; 1907, IVa, 46, 47, 56 123, 127 

Contact mines. See Mines. 

Contraband of war. See Alanitions of war. 

Contract debts 

award shall determine validity, amount and time of payment of claim in arbitration of, 

1907, II, ^ 89 

convention respecting the limitation of the employment of force for the recovery of, 

1907, II (see also the marginal notes) 89 

powers agree not to use force except when debtor refuses to arbitrate, or carry out 

award after arbitration of, 1907, II, i 89 

Contractors 

may be prisoners of war, 1899, Ila, 13; 1907, IVa, 13 112 

must show certificate from military authorities, 1899, Ila, 13; 1907, IVa, 13 112 

Contracts 

rights and actions, 1907, IVa, 23 h {n) 117 

Contribution. See also Requisition. 

collection of, 1899, Ila, 49, 51; 1907, IVa, 49, 51 124 

failure to pay money by undefended towns, naval bombardment unauthorized, 1907, 

IX, 4 158 

must be levied only by authority of high military official, 1899, Ila, 51; 1907, IVa, 51. 124 

must be levied only in accordance with local law, 1899, Ila, 51; 1907, IVa, 51 125 

receipt shall be given for, 1899, Ila, 51; 1907, IVa, 51 125 

Conventions and declarations 

Final Acts of the First and Second Hague Peace Conferences 1 

Draft Convention on a judicial arbitration court, 1907, f , d 31 

Conventions of 1899 (I) and 1907 (I) for the pacific settlement of international dis- 
putes 41 

Conventions of 1899 (II) and 1907 (IV) respecting the laws and customs of war on 

land ' 100 

Conventions of 1899 (III) and 1907 (X) for the adaptation to maritime warfare of 

the principles of the Geneva Convention 163 

■Convention (II) of 1907 respecting the limitation of the employment of force for the 

recovery of contract debts 89 

Convention (III) of 1907 relative to the opening of hostilities 96 

Convention (V) of 1907 respecting the rights and duties of neutral powers and per- 
sons in case of war on land 133 

Convention (VI) of 1907 relating to the status of enemy merchant ships at the out- 
break of hostilities 141 

Convention (VII) of 1907 relating to the conversion of merchant ships into war-ships. . 146 
Convention (VIII) of 1907 relative to the laying of automatic submarine contact mines. 151 
Convention (IX) of 1907 concerning bombardment by naval forces in time of war.... 157 
Convention (XI) of 1907 relative to certain restrictions with regard to the exercise 

of the right of capture in naval war 182 

Convention (XII) of 1907 relative to the creation of an international prize court.... 188 
Convention (XIII) of 1907 concerning the rights and duties of neutral powers in 

naval war 209 

Declarations of 1899 (IV, 1) and 1907 (XIV) prohibiting the discharge of projectiles 

and explosives from balloons 220 

Declaration (IV, 2) of 1899 concerning asphyxiating gases 225 

"Declaration (IV, 3) of 1899 concerning expanding bullets 227 



278 INDEX-DIGEST 

Page 
Conversion of merchant ships Into war-ships 

convention relative to the, 1907, VII (see the marginal notes) 146 

signatory, ratifying and adhering powers ; 149 

denunciation, method of, ii 148 

Convoys 

of evacuation, through neutral states, 1907, V, 14 135 

sick and wounded prisoners of war, 1907, V, 15 136 

munitions and supplies in neutral territory, 1907, V, 2 133 

Corps of combatants 

can not be formed in neutral territory, 1907, V, 4 134 

Correspondence. See Postal correspondence. 

Correspondents, newspaper 

as prisoners of war, 1899, Ila, 13; 1907, IVa, 13 112 

Counsel. See under Arbitration procedure; International prize court; Inter- 
national commissions of inquiry. 

Court. See Arbitration, permanent court; Arbitration court, judicial; Interna- 
tional prize court. 

Courts 

it is forbidden to deny nationals of hostile party recourse to, 1907, IVa, 2j(n) 117 

Crew. See under Merchant ship; Internment. 

Criminal law 

legislation to prevent pillage of sick and wounded, misuse of special marks and badges 
shall be enacted by the powers and communicated through the Netherland Govern- 
ment, 1907, X, 2i{n) 173 

Cuba 

adhesions and dates thereof 230 

delegates to second conference 9 

ratifications and dates thereof 236, 237 

reservation to 1907 Convention XII 208, 256 

signatory of 1910 additional protocol 208 

Days of grace. See under Merchant ships, enemy. 

Dead 

belligerents shall prevent ill-treatment of, and attend to examination of, before burial, 

1907, X, i6(n) 171 

belligerents shall inform each other of changes in list of, 1907, X, 77(n) 172 

belligerents shall send to each other marks of identication of, 1907, X, I7(n) 171 

collection and transmission of property of, 1907, X, //(n) 172 

report to be made of dead prisoners of war, 1907, IVa, 14 112 

Declarations. See also under Conventions and declarations. 

unsigned declaration respecting obligatory arbitration, 1907, f 27 

Declaration of war. See Opening: of hostilities. 

Defended place 

although unfortified, may be bombarded, 1907, IX, 4 158 



INDEX-DIGEST 279 

Delegrates I'age 

to peace conferences of 1899 and 1907 by countries 1 

alphabetical list 261 

Delegation. See under International prize court; Arbitration court, judicial. 

Denmarlt 

delegates to first and second conferences 9 

ratifications and dates thereof 230, 236, 237 

signatory of 1910 additional protocol 208 

Denunciation 

of armistice, 1899, Ila, 40; 1907, IVa, 40 122 

of conventions and declarations (see marginal notes to conventions, etc.) 

Destruction 

of property forbidden except under imperative military necessity, 1899, Ila, 23; 

1907, IVa, 23 116 

Diplomatic immunity 

of members of permanent arbitration court, 1899, I, 24; 1907, I, 46 60 

of judges of international prize court, 1907, XII, 13 192 

Dominican Republic 

adhesions and dates thereof 230 

delegates to second conference 9 

reservation to 1907 Convention II 93, 244 

to 1907 Convention VIII 156, 252 

1907 Convention XIII 218, 258 

Due diligence 

duty of neutral power with respect to safeguard of neutrality of its ports, etc., 1907, 

XIII, 25 214 

Dumdum bullets. See Bullets. 

Ecuador 

adhesions and dates thereof 230 

delegates to second conference 10 

reservation to 1907 Convention II 93, 244 

to 1907 Convention XII 208, 256 

signatory of 1910 additional protocol 208 

Educational establishments 

can not be seized, destroyed, or intentionally damaged, 1899, Ila, 56; 1907, IVa, 56.. 127 
shall be treated as private property, by occupant of territory, 1899, Ila, 56; 1907, IVa, 56. 127 

Enemy. See also under Forbidden acts. 

belligerents are restricted as to means of injuring, 1899, Ila, 22; 1907, IVa, 22 116 

belligerents can not force action against their country by nationals of, 1907, IVa, 23(11) 117 

means of injuring. See Means of injuring the enemy. 

not obliged to receive flag of truce, 1899, Ila, 33; 1907, IVa, 33 120 

Espionage. See Spy. 

Family honor 

occupant of territory must respect, 1899, Ila, 46; 1907, IVa, 46 123 



280 INDEX-DIGEST 

Final Act Pa8« 

of Peace Conference of 1899 1 

signatory powers 39 

of Peace Conference of 1907 1 

signatory powers '^0 

reservation of Switzerland 40, 258 

Fishing: vessels 

for coast trade are exempt from capture, 1907, XI, s 18-5 

unless they take part in hostilities, 1907, XI, j 183 

not to be used for hostile purposes, 1907, XI, 3 183 

Flag 

national 

on hospital ships, 1899, III, 5; 1907, X, 5 5 

of enemy 

improper use forbidden, 1899, Ila, 23; 1907, IVa, 23 116 

of truce. See Parlementaire. 
red cross 

on hospital ships, 1899, III, 5; 1907, X, 5(m) 166 

improper use, 1899, Ila, 23; 1907, IVa, 23 116 

Forbidden acts 

abuse of distinctive badges of Geneva Convention, 1899, Ila, 23; 1907, IVa, 23 116 

act of hostility in neutral waters, 1907, XIII, 2 210 

bombardment of undefended towns, 1899, Ila, 25; 1907, IVa, 25 117 

by naval forces, 1907, IX, / 157 

bombardment of towns because of failure to pay money contributions, 1907, IX, 4.... 158 

bombardment of town solely because there are mines in the harbor, 1907, IX, / 157 

confiscation of private property, 1899, Ila, 46; 1907, IVa, 46 123 

denial of courts to nationals of hostile party, 1907, IVa, ^5(n) 117 

destruction of property except under military necessity, 1899, Ila, 23; 1907, IVa, 23... 116 

diffusion of asphyxiating or deleterious gases, 1899 225 

improper use of national flag, 1899, Ila, 23; 1907, IVa, 23 116 

killing or injuring of disabled enemy, 1899, Ila, 23; 1907, IVa, 23 116 

killing or injuring of surrendered enemy, 1899, Ila, 23; 1907, IVa, 23 116 

misuse of enemy uniform, 1899, Ila, 23; 1907, IVa, 23 116 

pillage, 1899, Ila, 47; 1907, IVa, 47 123 

pillage of town taken by assault, 1899, Ila, 28; 1907, IVa, 28; 1907, IX, 7 118,159 

treacherous killing of enemy, 1899, Ila, 23; 1907, IVa, 23 116 

use of arms which cause unnecessary suffering, 1899, Ila, 23; 1907, IVa, 23 116 

use of poison or poisoned arms, 1899, Ila, 23; 1907, IVa, 23 116 

use of projectiles causing useless suffering, 1899, Ila, 23; 1907, IVa, 23 116 

Forces, unorganized. See Lievee en masse. 

Forests 

occupying state is only usufructuary of, 1899, Ila, 55; 1907, IVa, 55 126 

France 

delegates to first and second conferences 10 

ratifications and dates thereof 230, 236, 237 

reservations to 1907 Convention VIII 156, 252, 253 

to 1907 Convention IX 162, 254, 255 

signatory of 1910 additional protocol 208 

Fuel in neutral waters 

quantity allowable to belligerent war-ships, 1907, XIII, 19, 20 213 



INDEX-DIGEST 281 

Funds Page 

occupying state may seize, 1899, Ila, 53; 1907, IVa, 53 125 

Gases, asphyxiating or deleterious 

prohibition of diffusion, 1899 2J5 

Geneva Conveution. See also Hospital Ships. 

applies to sick and wounded, 1899, Ila, 21; 1907, IVa, 2i 115 

interned in neutral territory, 1899, Ila, 60; 1907, V, 15 129, 136 

improper use of the insignia forbidden, 1899, Ila, 23; 1907, IVa, 23 116 

voeu concerning revision of, 1899, f 28 

conventions for the adaptation to maritime warfare of the principles of the, 1899, 

III; 1907, X 163 

signatory, ratifying and adhering powers, 1899, 1907 178,179 

denunciation, method of, 1899, 14; 1907, 27 176 

execution of the convention, 1907, X, ^o(n) 173 

not applicable unless all belligerents are contracting parties, 1899, III, 11; 1907, 

X, 18 172 

applies only to forces actually embarked, 1907, X, 22in) 174 

neutral merchant ships rendering assistance to shipwrecked and wounded, 1899, III, 

6; 1907, X, 9 168 

wounded, etc., landed at neutral ports, 1907, X, I5(n) 171 

rescue by neutral war vessels, 1907, X, 7i(n) 170 

penalties for violation of convention, 1907, X, 2i(,n) 173 

Germany- 
delegates to first and second conferences 1 

ratifications and dates thereof 230, 236, 237 

reservation to 1899 Convention III 179,234 

to 1907 Convention IV 132,250,251 

1907 Convention VI 154,252,253 

1907 Convention VIII 156,252,253 

1907 Convention IX 162, 254, 255 

1907 Convention XIII 218,258,259 

signatory of 1910 additional protocol 208 

Good offices and mediation. See Mediation. 

Great Britain 

adhesions and dates thereof 231 

delegates to first and second conferences 12 

ratifications and dates thereof 231, 236, 237 

reservation to 1899 Convention III 179, 234 

to 1907 Convention V 140,250 

1907 Convention VIII 156,252,253 

1907 Convention IX 162, 254, 255 

1907 Convention X 181,256 

1907 Convention XIII 218,258 

signatory of 1910 additional protocol 208 

Greece 

delegates to first and second conferences 13 

ratifications and dates thereof 231 

reservation to 1907 Convention 1 86, 240 

to 1907 Convention II 94,246 

Guatemala 

adhesions and dates thereof 231 



282 INDEX-DIGEST 

Page 

delegates to second conference 13 

ratifications and dates thereof 236, 237 

reservation to 1907 Convention II 94, 246, 247 

to 1907 Convention XII 208, 256 

signatory of 1910 additional protocol 208 

Gnides 

impressment of, in occupied territory, 1899, Ila, 24; 1907, IVa, 23 h (n), 24, 44im) . .IIT , 123 

Haiti 

adhesions and dates thereof 231 

delegates to second conference 13 

ratifications and dates thereof 236, 237 

reservation to 1907 Convention XII 208, 256 

signatory of 1910 additional protocol 208 

Honduras 

adhesions and dates thereof 231 

Hospital stdps 

act at their own risk during and after engagement, 1899, III, 4; 1907, X, 4 165 

are under control of belligerents, 1899, III, 4; 1907, X, 4 166 

belligerent may demand that sick and wounded be turned over by, 1907, X, /^(n) 170 

belligerent war-ship may demand delivery of sick, wounded and shipwrecked, 1907, 

X, izin) 170 

boats of, 1899, III, 5; 1907, X, 5 166 

classes of, 1899, III, i, 2, 3; 1907, X, i, 2, 3 164, 165 

detained by the enemy must haul down belligerent flag of nation which controlled 

them, 1907, X, 5(n) 167 

distinguished signs not to be used for other purposes, 1907, X, 6(n) 167 

equipped by persons, etc., of neutral countries, by private individuals or relief 

societies, 1899, III, 3; 1907, X, 5(m) 165 

flags, 1899, III, 5; 1907, X, 5(m) 166 

in neutral ports, 1907, XIII, 14 212 

inviolability of staff, 1899, III, 7; 1907, X, 10 169 

movements during and after engagements, 1899, III, 4; 1907, X, 4 165 

must render their coloring plain at night, 1907, X, 5(n) 167 

rights of belligerents in regard to, 1899, III, 4; 1907, X, 4 166 

shall afford relief independently of nationality, 1899, III, 4; 1907, X, 4 165 

shall be painted white with green strake, 1899, III, 5; 1907, X, 5 166 

shall carry national and red cross flags, 1899, III, 5; 1907, X, 5 166 

if a neutral it shall also carry flag of belligerent controlling it, 1907, X, 5(m) 166 

shall not be used for military purposes, 1899, III, 4; 1907, X, 4 165 

shall not hamper combatants, 1899, III, 4; 1907, X, 4 165 

staff may be armed for maintaining order and defending the sick, 1907, X, S(n) 168 

use of distinctive signs restricted, 1907, X, 6(n) 167 

Hospitals 

besieged must designate, 1899, Ila, 27; 1907, IVa, 27; 1907, IX, 5 (by naval forces) 118, 159 
assailant must spare, 1899, Ila, 27; 1907, IVa, 27; 1907, IX, 5 (by naval forces) ... 118, 159 

Hostilities. See also Opening: of hostilities. 
conduct of. See Means of injuring: the enemy. 

resumption of, after denunciation of armistice, 1899, Ila, 40; 1907, IVa, 40 122 

unwritten rules, how applied, 1907, IV, p 101 



INDEX-DIGEST 283 

Humanity, »aw8 of Page 

a factor in international law, 1899, II, p; 1907, IV, p 102 

to be considered in interpreting regulations concerning the qualifications of belliger- 
ents, 1899, II, p; 1907, IV, p 102 

in treatment of prisoners of war, 1899, Ila, 4; 1907, IVa, 4 108 

Identification. See under Certificate. 

Indemnity. See Compensation. 

Industrial relations 

between inhabitants of belligerent and neutral countries; vocu concerning, 1907, f.... 29 

Information bureau regarding prisoners of war. See also Prisoners of war. 

deaths, names, wounds of prisoners of war, etc., record of, 1907, Ila, 14; 1907, 

IVa, /.?(m) 112 

functions of, 1899, Ila, 14; 1907, IVa, /^(m) 112 

information required to be kept by, 1899, Ila, 14; 1907, IVa, /^(m) 112 

postal duties for, free, 1899, Ila, 14; 1907, IVa, 14 112 

required to keep return or card for prisoners, 1899, Ila, 14; 1907, IVa, /4(m) 112 

to collect and forward valuables, letters, etc., 1899, Ila, 14; 1907, IVa, i4(m) 113 

when and where instituted, 1899, Ila, 14; 1907, IVa, /-?(m) 112 

Information, obtaining of 

by ruses of war, 1899, Ila, 24: 1907, IVa, 24 117 

undisguised soldiers, 1899, Ila, ^p; 1907, IVa, ^p 118 

spies, 1899, Ila, 29; 1907, IVa, 29 118 

truce bearers, 1899, Ila, 33; 1907, IVa, 33 120 

from inhabitants of occupied territory, through compulsion, 1907, IVa, 44 123 

Inquiry, international commissions of. See International commissions of inquiry. 

Insignia and uniform of the enemy 

improi>er use of, forbidden, 1899, Ila, 23/; 1907, IVa, 23/ 116 

Instrnctions 

to be issued to armed land forces, 1899, II, /; 1907, IV, i 102 

Intercourse 

in theater of operations, may be regulated by armistice, 1899, Ila, 39; 1907, IVa, 39... 121 

International arbitration. See Arbitration, international. 

International bnreau 

acts as registry to international commissions of inquiry, 1907, I, I5(n) 48 

to international prize court, 1907, XII, 23 194 

to judicial arbitration court, 1907, d, 13 34 

to permanent court of arbitration, 1899, I, 22; 1907, I, 43(.m) 57 

appeal in international prize court procedure, may be made without awaiting national 

court decision, direct to, 1907, XII, 30 196 

controlled by permanent administrative council, 1899, I, 28; 1907, I, 49 62 

how expenses are divided, 1899, I, 29; 1907, I, 50(m) 63 

in dispute one of the powers may address note signifying willingness to arbitrate direct 

to, 1907, I, 48(n) 62 

is at disposal of any board of arbitration, 1899, I, 26; 1907, I, 47 61 

receives declaration of suit for damages brought before international prize court, 5. . . . 206 

notifies government of belligerent captor of declaration of action, 6 207 

receives case from government of belligerent cantor, 6 207 

serves as channel for commvinications to the judges of the judicial arbitration court, 

1907, d, 24 37 



284 INDEX-DIGEST 

International commissions of inquiry Page 

agents must be summoned to attend investigations, 1907, I, ^i(n) 50 

considers case in secret and decides by majority vote, 1907, I, iO(n) 53 

constitution, 1899, I, 9, lo, n, 26; 1907, I, 9(m), lo, j^(m) 45-47, 61 

counsel may present summaries of facts to, 1907, I, ^p(n) 53 

expenses, how paid, 1907, I, i6(n) 55 

explanations, commission may ask either party for, 1907, I, ^^(n) 50 

inquiry convention determines language, place of meeting, etc., 1907, I, /o(n) 46 

determines facts, method of forming commission, and powers of commissioners, 

1907, I, /o(m) • 46 

languages are determined by commission if inquiry convention fails to specify, 1907, 

I, i/(n) ^7 

meetings not public nor are minutes published, 1907, I, i/(n) 53 

ordinarily held at The Hague, 1907, I, ii(n) 47 

may be held elsewhere to secure information, 1907, I, ^o(n) 49 

or with consent of parties, 1907, I, ii(n) 47 

notices shall be served by powers in whose territory service is desired, 1907, I, ^^(n).. 51 

parties agree to furnish evidence, 1899, I, 12; 1907, I, ^i(n) 50 

parties may have agents or counsel, 1907, I, /4(n) • 48 

parties must both be heard, 1907, I, ipCn) 49 

parties must communicate statement of facts to each other, 1907, I, i9(.ti) 49 

registry, functions of, 1907, I, i6{n) 48 

registry, international bureau acts as, 1907, I, /5(n) 48 

report is limited to statement of facts, 1899, I, 14; 1907, 1, 35 54 

report is not arbitral award, 1899, I, 14; 1907, I, 35 54 

report is read in public and copy given to each party, 1907, I, 54(n) 54 

report is signed by all members of commission, 1907, I, 5J(n) 54 

if one member refuses to sign note is made thereof, 1907, I, ii(n) 54 

report is submitted to conflicting powers, 1899, I, 13 54 

rules, 1907, I, I7(n) 49 

if not determined by inquiry convention shall be settled by commission, 1907, I, rf(n) 49 

termination of hearing, 1907, I, 32(.n) 54 

vacancy, mode of filling, 1907, I, Ji(n) 47 

witnesses, examination of, 1907, I, 26(11) 52 

may use notes, but may not read draft, 1907, I, ^/(n) 52 

must sign testimony, 1907, I, 28(n) 53 

summoning and hearing, 1907, I, ^5(n) 51 

International law 

its principles resultant from usages established between nations, from laws of humanity 

and requirements of public conscience, 1899, II, p; 1907, IV, p 102 

International prize court. See also Additional protocol. 

convention relative to the creation of an, 1907, XII (see also the marginal notes) 188 

constitution, 1907, XII, 70-^7 191-195 

administrative council fulfils same functions as for permanent arbitration court, XII, 22. 194 

assessor, belligerent captor or interested neutral may appoint naval officer as, XII, 18. 193 

attorneys for private individuals, who may act as, XII, 26 195 

international bureau acts as registry for, XII, 23 194 

judges, XII, 10-20 191-193 

contracting powers appoint deputy judges and, XII, 10 191 

compensation of, XII, 20 193 

have diplomatic immunities, XII, 13 192 

if judge is absent, deputy judge sits, XII, 14 192 

in case its judge is not sitting when case comes up belligerent may ask to have 

him admitted, XII, 16 193 

may also be judges of judicial arbitration court, 1907, d, 16 35 

method of ranking, XII, 12 192 

of seating, XII, 15 192 



INDEX-DIGEST 285 



Page 

must take oath, XII, 13 192 

no judge can serve any party in any capacity, XII, 17 193 

no judge can sit who took part in lower decision, XII, 17 193 

permanent judges, XII, 15 192 

serve six years and may be reappointed, XII, // 191 

several countries may appoint same, XII, 15 192 

there are in the court fifteen, XII, 14 192 

language is determined by court, but official language of national court giving first 

decision may be used, XII, 24 194 

method of electing officers, XII, 19 193 

notices to be served are served by government on whose territory service is necessary 

and at request of court, XII, 27 195 

parties may appoint agents and counsel, XII, ^5 194 

quorum, how constituted, XII, 14 192 

sits at The Hague, and can not change without consent of parties, XII, 2i 194 

table of judges and deputy judges, XII, 75 192 

vacancy, how filled, XII, 11 191 

general provisions, XII, i-g 188-191 

basis of appeal against national prize court, XII, 3 189 

if capture is adjudged invalid, international court may order restitution or damages, 

XII, 8 191 

if capture is adjudged valid, vessel is disposed of according to law of captor, XII, 5. . 191 
if national court adjudged capture null, international court can only decide as to 

damages, XII, S 191 

if national courts do not decide case in two years, case may go direct to inter- 
national court, XII, 6 190 

if no international law applies, general justice and equity rule, XII, 7 190 

if prize violated law of captor, court shall enforce law unless unjust, XII, 7 190 

if treaty is in force, it shall govern, XII, 7 190 

if treaty is not in force, international law applies, XII, 7 190 

judgment of belligerent captor is notified to belligerent or neutral parties inter- 
ested, XII, 2 189 

judgment of national may be brought before international court in certain cases, 

XII, 3 189 

jurisdiction is exercised in first instance by captor, XII, 2 189 

method of appeal from national court is decided by local law, XII, 6 190 

national courts can deal only in two instances with case, XII, 6 190 

signatory powers agree to submit to decisions of international court, XII, p 191 

validity of capture of merchant ship, determination of, XII, i 188 

who may appeal to international court, XII, 4, 5 189, 190 

procedure 

appeal before national court must be transmitted to international court, XII, 29.... 195 

appeal by neutral individual is notified to his government, XII, 29 196 

copy is sent to respondent, XII, 32 196 

may be by telegram, XII, 28 195 

must be made in national court or before international bureau, XII, 28 195 

must be made within 120 days, XII, 28 195 

not made within time is rejected except in case of force majeure, XII, 31 196 

of other parties, XII, 33 196 

to international bureau is notified to national court, XII, ^9 195 

without national court decision must go direct to international bureau, XII, 30. . . . 196 

court may propose modifications in present convention, XII, 50 200 

will proceed without party who fails to appear or comply with regulations, XII, 40. 198 

decision and record of case are sent to national court, XII, 45 198 

is arrived at in private with secret proceedings, XII, 43 198 

must give reasons and be signed by judges and president and registrar, XII, 44... 198 
must take into account all facts, evidence and oral statements, XII, 42 198 



286 INDEX-DIGEST 

Page 

made by majority of judges present, XII, 43 198 

decrees made in absence of a party are notified to it, XII, 41 198 

delegation performs 'duties of court when latter is not sitting, XII, 48 199 

discussions are controlled by president, XII, 38 197 

are public, subject to contrary request of a litigant, XII, sg 198 

oral, XII, 34 197 

expenses of court, general, how borne, XII, 47 199 

of trial, how borne, XII, 46 199 

judge appointed by a belligerent can not preside, XII, 38 197 

parties are summoned for every stage of proceedings, XII, 37 197 

receive certified copies of the minutes, XII, 37 197 

pleadings, XII, 34 197 

procedure, court draws up its own rules of, XII, 49 199 

sentence pronounced in public sitting, XII, 45 198 

sitting, public, XII, 35 197 

supplementary evidence, XII, 36 197 

Internment 

belligerent war-ships in neutral ports, 1907, XIII, 34 214 

officers may be released on parole by neutral state, 1899, Ila, J7; 1907, V, 11 127, 135 

prisoners of war, 1899, Ila, 5; 1907, IVa, 5(m) 108 

in neutral territory, 1907, V, 13 135 

prize crew of prize captured in neutral waters, 1907, XIII, 3 210 

troops may be guarded in camps or fortified places, 1899, Ila, S7; 1907, V, // 127, 135 

troops shall be maintained by neutral in default of special agreement, 1899, Ila, 58; 

1907, V, 12 128, 135 

belligerent shall reimburse neutral at conclusion of peace, 1899, Ila, 58; 1907, 

V, 13 128, 135 

wounded and sick interned in neutral territory, 1899, Ila, 5p; 1907, V, 14 128, 135 

application of Geneva Convention, 1899, Ila, 60; 1907, V, 15 129, 136 

landed at neutral port, 1907, X, I5(n) 171 

expenses to be borne by government of wounded, 1907, X, 15(11) 171 

Invasion. See Occupied territory. 

Inviolability 

of bearer of the flag of truce, 1899, Ila, 32; 1907, IVa, 32 119 

unless he incites to treason, 1899, Ila, 34; 1907, IVa, 34 120 

of bugler, drummer and interpreter accompanying parlementaire, 1899, Ila, 32; 1907, 

IVa, 32 120 

of neutral territory, 1907, V, i, 2 133 

postal correspondence on neutral or enemy ship, unless intended for blockaded port in 

violation of blockade, 1907, XI, i 182 

of trumpeter accompanying flag of truce, 1899, Ila, 32; 1907, IVa, 32 120 

Irregular troops 

conditions of possessing belligerent rights, 1899, Ila, i, 2; 1907, IVa, i, 2(m) 107 

Italy 

delegates to first and second conferences 14 

ratifications and dates thereof 231 

signatory of 1910 additional protocol 208 

Japan 

delegates to first and second conferences IS 

ratifications and dates thereof 231, 236, 237 

reservations to 1907 Convention 1 86,240,241 



INDEX-DIGEST 287 

Page 

to 1907 Convention IV 132,250,251 

1907 Convention IX 162,254,255 

1907 Convention XIII 218,258,259 

signatory of 1910 additional protocol 208 

Jndgres. See Arbitration procednre; International prize oourt ; Arbitration court, 
judicial; Arbitration, permanent court. 

Judicial arbitration court. See Arbitration court, Judicial. 

Korea 

adhesions and dates thereof 231 

Liand forces 

instructions to be issued to, 1907, IV, 1 102 

Land warfare. See War on land. 

liegal ris:ht8 and actions 

of nationals of belligerents, 1907, IVa, 23(.n) 117 

Lievee en masse to resist invader 

regarded as belligerents, 1899, Ila, s; 1907, IVa, 2 107 

conditions required, 1899, Ila, 2; 1907, IVa, ^(m) 107 

Liability 

of belligerent party violating Regulations for war on land, 1907, IV, ^(n) 103 

liiberia 

adhesions and dates thereof 236, 237 

Liimitation 

of armaments and war budgets 

t'otu concerning, 1899, f 29 

of military charges 

resolutions concerning, 1899, f; 1907, f 28 

Lioans 

to belligerents by neutral persons, 1907, V, t8 136 

liUxembnrg: 

delegates to first and second conferences 15 

ratifications and dates thereof 231,236,237 

Mail ship, neutral. See also Postal correspondence. 

can be searched only if absolutely necessary and then with great expedition, 1907, 

XI, 2 183 

Maintenance. 

of interned troops, 1907, V, I2 135 

of prisoners of war, 1899, Ila, 7; 1907, IVa, 7 109 

Maritime war. See Naval war. 

Means of injuring: the enemy 

aircraft, projectiles and explosives discharged from, 1907, XIV; 1907, IVa, 25 220,117 

confiscation of private property, 1899, Ila, 46; 1907, IVa, 46 123 



288 INDEX-DIGEST 

Page 
forbidden, arms, projectiles, etc., causing unnecessary injury, 1899, Ila, 23 e; 1907, 

IVa, 23 e 116 

assassination of individuals of hostile army or nation, 1899, Ila, 23 b; 1907, IVa, 

23 b 116 

bullets which expand in human body, 1899, Ila, 23 e; 1907, IVa, 230 116 

contamination of water, etc., 1899, Ila, 23 a; 1907, IVa, 23 a 116 

distinctive badges and emblems, improper use of, 1899, Ila, 23/; 1907, IV, 23 f . . . . 116 

flag of enemy, improper use of, 1899, Ila, 23 f ; 1907, IVa, 23 f 116 

truce, improper use of, 1899, Ila, 23 f; 1907, IVa, 23 f 116 

red cross, improper use of, 1899, Ila, 23 f; 1907, IVa, 23 f 116 

insignia and uniform of enemy, improper use of, 1899, Ila, 23 f; 1907, IVa, 23/.... 116 
killing or wounding enemy who has surrendered, 1899, Ila, 23c; 1907, IVa, 23c.... 116 

pillage, 1899, Ila, 28, 47; 1907, IVa, 28, 47 118, 123 

poison and poisoned weapons, 1899, Ila, 23 a; 1907, IVa, 23 a 116 

projectiles, arms, etc., causing unnecessary injury, 1899, Ila, 23 e; 1907, IVa, 23 e . . 116 

diffusing asphyxiating gases, etc., 1899, Ila, 23 a; 1907, IVa, 23 a 116 

to compel hostile nationals to take part in military operations, etc., 1907, IVa, 

23 h{n) 117 

to declare no quarter will be given, 1899, Ila, 23 d; 1907, IVa, 23d 116 

treacherous killing or wounding of individuals, 1899, Ila, 23b; 1907, IVa, 23b 116 

limited, 1899, Ila, 22; 1907, IVa, 22 116 

projectiles and explosives discharged from balloons, etc., 1907, XIV; 1907, IVa, ^5..220, 117 
ruses and measures necessary for obtaining information permissible, 1899, Ila, 24; 

1907, IVa, 24 117 

Mediation and good of&ces 

before appeal to arms powers agree to have recourse to, 1899, I, 2; 1907, I, ^(m) 43 

do not interfere with preparation for war, 1899, I, 7; 1907, I, 7 44 

do not interrupt war, 1899, I, 7; 1907, I, 7 44 

during hostilities powers strangers to suit may offer good offices or mediation, 1899, 

I, 3; 1907, I, ^(m) 43 

have exclusively the character of advice, 1899, I, 6; 1907, I, 6 44 

mediator shall reconcile opposing claims, 1899, I, 4; 1907, I, 4 44 

mediator's functions shall cease when it or one of the disputants announces non- 
acceptance of mediation, 1899, I, 5; 1907, I, 5 44 

not unfriendly act, 1899, I, 3; 1907, I, j(m) 43 

special mediation, method of, 1899, I, S; 1907, I, S(m) 45 

Medical staff of captured vessel 

inviolability, 1899, III, 7; 1907, X, 10 169 

may remain with boat, 1899, III, 7; 1907, X, 10 169 

may remove private property when they leave, 1899, III, 7; 1907, X, 10 169 

salary after capture, 1899, III, 7; 1907, X, 70(m) 169 

Merchant ships, enemy 

at outbreak of hostilities, convention respecting, 1907, VI 141 

enemy cargo thereon is detained under certain conditions, 1907, VI, 4 142 

ignorant of war, entering enemy port, should be allowed to depart, 1907, VI, I.... 141 

in enemy port at outbreak of hostilities should be allowed to depart, 1907, VI, i. . . . 141 

intended for conversion into war-ships, not covered by 1907, VI, 1907, VI, 5 142 

on high seas and ignorant of war, may be detained, destroyed, or requisitioned, 

upon payment of compensation, 1907, VI, 3 142 

unable to leave the enemy port within the time limit can not be confiscated, 1907, 

VI, 2 141 

unable to leave the enemy port within the time limit may be detained, subject to 

restoration, or requisitioned and paid for, 1907, VI, 2 141 

restrictions with regard to capture of, convention respecting, 1907, XI 182 

crew are not made prisoners of war, when nationals of neutral state, 1907, XI, 5. . 183 



INDEX-DIGEST 289 

Page 

fishing vessels and boats in local trade exempt from capture, 1907, XI, 3 183 

nor when nationals of enemy state, if they agree not to aid in operations of war, 

1907. XI, 6 184 

officers are not made prisoners of war when nationals of neutral state and promise 

not to serve on enemy vessel, 1907, XI, 5 183 

the names of those officers and members of the crew agreeing not to take part are 

notified to belligerent who must not employ them, 1907, XI, 7 184 

vessels on religious, scientific or philanthropic missions exempt, 1907, XI, 3 183 

when vessels take part in hostilities, rules as to crew do not apply, 1907, XI, 8. . . . 184 

conversion into war-ships, convention respecting, 1907, VII 146 

crew must be under military discipline, 1907, VII, 4 147 

master must be duly commissioned, 1907, VII, 3 146 

must be under control of power whose flag it flies, 1907, VII, / 146 

must observe laws and customs of war, 1907, VII, 5 147 

must show marks of nationality, 1907, VII, 2 146 

Merchant ships, nentral 

having wounded of belligerent on board, 1899, III, 6; 1907, X, 9(m) 168 

Mexico 

delegates to first and second conferences IS 

ratifications and dates thereof 231, 236, 237 

signatory of 1910 additional protocol 208 

Military interests 

limitation upon duty to search for shipwrecked or wounded after engagements, 1907, 

X, J6(n) 171 

or to protect them against pillage or maltreatment, 1907, X, /6(n) 171 

Military necessity 

destruction of enemy's property, 1899, Ila, 23 g; 1907, Wa, 23 g 116 

guides, impressment of, 1899, Ila, 24, 44; 1907, IVa, 23, 24, 44 117, 123 

information of enemy and country, 1899, Ila, 24; 1907, IVa, 24 117 

limitation upon notification of mine zones, 1907, VIII, 3 152 

limitation upon removal of evils of war, 1899, II, p; 1907, IV, p 101 

ruses of war, 1899, Ila, 24; 1907, IVa, 24 117 

submarine cables, seizure of, etc., 1907, IVa, 54(n) 126 

taxes in occupied territory, 1899, Ila, 49; 1907, IVa, 49 124 

use of sick wards and their material for other purposes, 1907, X, 7(n) 168 

requisitions in occupied territory, 1899, Ila, 5^; 1907, IVa, 52 125 

Military occupation. See Occupied territory. 

Mines, snbmarine, antomatic contact 

convention relative to laying, 1907, VIII (see also the marginal notes) 151 

denunciation, method of, 1907, // 154 

duration, 1907, // 154 

reservation by Dominican Republic 156 

by France 156 

by Germany 156 

by Great Britain 156 

by Siam 156 

by Turkey 156 

signatory, ratifying and adhering powers 155 

time of taking eflFect, 1907, 10 153 

torpedoes, rule of convention respecting, 1907, / 151 

bombardment of places protected solely by, 1907, IX, / 157 



290 INDEX-DIGEST 

Page 

life of anchored and unanchored mines, 1907, VIII, /, 3, 6 151,152 

commercial shipping, 1907, VIII, 2 151 

notification of danger zone, 1907, VIII, 3, 4 152 

perfected mines, adoption, 1907, VIII, 6 152 

neutral obligations, 1907, VIII, 4 152 

removal, 1907, VIII, 5 152 

question to be reopened, 1907, VIII, iz 154 

Monroe Doctrine 

reservations of United States to, 1899, I, and 1907, 1 84, 87 

Monteneg:ro 

delegates to first and second conferences 16 

ratifications and dates thereof 231 

reservation to 1907 Convention IV 132,250 

Monuments, historic 

destruction, etc., of, forbidden, 1899, Ila, 56; 1907, IVa, 56 127 

protection to be given during bombardment, 1907, IVa, 27 118 

visible signs to mark, 1907, IVa, 27 118 

Municipalities 

property of, treated as private property, 1899, Ila, ^6; 1907, IVa, 56 127 

Munitions of war 

convoys of, in neutral territory, 1907, V, 2 133 

duty of neutral power, 1907, V, 7; 1907, XIII, 6, 7 134,210,211 

rule as to seizure of, 1899, Ila, 53; 1907, IVa, 53 126 

NaTal gruns and rifles 

vceu concerning, 1899 f 29 

NaTal war 

convention concerning the rights and duties of neutral powers in, 1907, XIII 209 

convention relative to certain restrictions with regard to the exercise of right of capture 

in, 1907, XI 182 

conventions for the adaptation of the principles of the Geneva Convention to, 1899, 

III; 1907, X 163 

vau concerning private property in, 1899 f 29 

vceu concerning laws and customs in, 1907 f 29 

Netherlands 

delegates to first and second conferences 17 

ratifications and dates thereof 231,238,239 

signatory of 1910 additional protocol 208 

Neutral persons 

acts forfeiting rights as neutral, 1907, V, // 136 

acts not forfeiting rights as neutrals, 1907, V, 18 136 

nationals of neutral states considered as, 1907, V, 16 136 

furnishing supplies or loans to belligerents, 1907, V, /<? 136 

owning railway material requisitioned by belligerent, 1899, Ila, 54; 1907, V, /p. .. .126, 137 

services in police or civil administraton of belligerent state, 1907, V, 18 136 

status when crew of enemy merchantman, 1907, XI, 5 183 

Neutral ports and waters 

belligerent war-ships, number allowed in, 1907, XIII, 15 212 

can not increase armament, crew, or war material in, 1907, XIII, i8 213 



INDEX-DIGEST 291 

Page 
may on account of damage or stress of weather, remain longer than 24 hours, 

1907, XIII, 14 212 

may, under certain conditions, take fuel, 1907, XIII, /p 213 

must take only sufficient supplies to bring them to peace standard, 1907, XIII, /p.... 213 

twenty-four-hour rule of stay, 1907, XIII, li 211 

twenty-four-hour rule of departure, 1907, XIII, i6 212 

can not be used as base of naval operations, 1907, XIII, 5 210 

pending decision of prize court prize may be brought into, 1907, XIII, 23 214 

prize, if not under 1907, XIII, li, must be released when brought into, 1907, XIII, 22.. 214 

prize must be liberated and prize crew interned if captured in, 1907, XIII, 3 210 

under certain conditions prize may be brought into, 1907, XIII, 21 213 

war-ship of belligerent can not coal twice within three months in port of same neutral, 

1907, XIII, 20 213 

Ifeatral power§. See also under Internment; Prisoners of war; Sick and 
Wonnded. 

in general 

if aware of war, can not plead lack of formal notice, 1907, III, 2 96 

laying submarine mines must observe same rules as belligerents, 1907, VIII, 4 152 

war must be notified to, 1907, III, 2 96 

their nationals are neutrals, 1907, V, 16 136 

rights and duties; vcru concerning, 1899, f 29 

in naval war. See also Neutral ports and waters. 

their sovereign rights must be respected by belligerents, 1907, XIII, 1 210 

can not supply ammunition, war material of any kind to belligerents, 1907, XIII, 6. . 210 

may allow belligerent war-ships to use neutral pilots, 1907, XIII, 11 211 

may forbid belligerent who has violated laws regarding neutral ports from entering 

neutral waters, 1907, XIII, 9 211 

may use such means as they deem best to enforce laws of neutrality, 1907, XIII, 25.. 214 
must not allow belligerent war-ships to remain in neutral harbor more than 24 

hours, 1907, XIII, 12 211 

must notify belligerent war-ship to leave within 24 hours, 1907, XIII, 13 212 

must prevent belligerent war-ship from making more than necessary repairs in 

neutral harbor, 1907, XIII, /; 213 

must prevent fitting out or departure of vessel to aid belligerent, 1907, XIII, S 211 

must treat belligerents impartially, 1907, XIII, 9 211 

not bound to prevent export or transport of things useful to army or fleet, 1907, 

XIII. 7 211 

using rights secured to them by 1907, XIII, are not comm.itting unfriendly acts, 

1907, XIII, 26 215 

in war on land. See also Neutral territory. 

convention respecting the rights and duties of, 1907, V 133 

can resist by force attempts to violate neutraliy, and this is not hostile act, 1907, 

V, 10 135 

may use belligerent railway material to certain extent, 1907, V, 19 137 

must treat belligerents impartially, 1907, V, 9; 1907, XIII, p 134,211 

need not forbid use of telegraph or telephone cables, public or private, to belligerent, 

1907, V, 8 134 

need not prevent export and transport of arms, etc., which might aid belligerent, 

1907, V, 7 134 

not responsible if persons cross the frontier singly to go into belligerent army, 

1907, V, 6 134 

receiving troops of belligerent must intern them, 1899, Ila, 57; 1907, V, // 127, 135 

retention of belligerent's railway material, 1907, V, 19 137 

compensation therefor, 1907, V, 19 137 

Neutral territory 

inviolable, 1907, V, / 133 

cables and telegraphs; use of by belligerents, 1907, V, 3, 5, 8, p 133,134 



292 INDEX-DIGEST 

Page 

violations of neutrality on; prevention and punishment, 1907, V, 5 134 

munitions of war or troops can not be moved across, 1907, V, 2, 5 133, 134 

prize court can not be set up in neutral waters or on, 1907, XIII, 4 210 

troops can not be formed or recruited on, 1907, V, 4, 5 134 

News 

appliances for, rule as to seizure of, 1907, IVa, 53 126 

Newspaper correspondents 

status of, 1899, Ila, 13; 1907, IVa, 13 112 

Nicaragrna 

adhesions and dates thereof 231, 238, 239 

delegates to second conference 16 

reservation to 1907 Convention II 94, 247 

Non-combatants 

as part of armed forces, 1899, Ila, 3; 1907, IVa, 3 108 

as prisoners of war, 1899, Ila, 3; 1907, IVa, 3 108 

Norway. See also Sweden and Norway. 

delegates to second conference 17 

ratifications and dates thereof 231, 238, 239 

signatory of 1910 additional protocol 208 

Occupied territory 

administration, 1899, Ila, 42, 43; 1907, IVa, 42, 43 122, 123 

allegiance of inhabitants, 1899, Ila, 45; 1907, IVa, 45 123 

assessment of taxes by occupant, 1899, Ila, 48, 49, 51; 1907, IVa, 4S, 49, 5/ 124 

authority over, vested in whom, 1899, Ila, 43; 1907, IVa, 43 123 

contributions and requisitions, 1899, Ila, 49, 51, 52; 1907, IVa, 49, 51, 52 124,125 

crimes committed in, jurisdiction over, 1899, Ila, 43; 1907, IVa, 43 123 

family honor and rights to be respected, 1899, Ila, 46; 1907, IVa, 46 123 

forests, use of, 1899, Ila, 55; 1907, IVa, 55 126 

guides, impressment of, 1899, Ila, 24, 44; 1907, IVa, 23, 24, 44(m) 117, 123 

inhabitants can not be forced to give information of own army, etc., 1899, Ila, 44; 

1907, IVa, 44(m) 123 

may not be compelled to swear allegiance to occupant, 1899, Ila, 45; 1907, IVa, 45. . 123 

rights and duties of, 1899, Ila, 23, 45, 46; 1907, IVa, 23, 45, 46 116,123 

services which may be demanded of, 1899, Ila, 52; 1907, IVa, 52 125 

laws in force to be respected, etc., 1899, Ila, 43; 1907, IVa, 43 123 

means of transportation, public and private, seizure, etc., 1899, Ila, 53; 1907, IVa, 53.. 125 

military government, 1899, Ila, 43; 1907, IVa, 43 123 

military necessity, destruction, etc., of state property, 1899, Ila, 23; 1907, IVa, 23 116 

military occupation, defined, 1899, Ila, 42; 1907, IVa, 42 122 

newspapers, censorship over, 1907, IVa, 5j(m) 125 

oath of allegiance may not be required of inhabitants, 1899, Ila, 45; 1907, IVa, 45 123 

occupant, obligation to defray expenses of administration, 1899, Ila, 48; 1907, IVa, 48. . 124 

obligations of, 1899, Ila, 43; 1907, IVa, 43 123 

officials, salaries of, how paid, 1899, Ila, 48; 1907, IVa, 48 124 

penalty inflicted on population on account of acts of individuals, 1899, Ila, 50; 1907, 

IVa, 50 124 

pillage prohibited, 1899, Ila, 47; 1907, IVa, 47 123 

postal service, regulation of, 1899, Ila, 53; 1907, IVa, 53 125 

press correspondence, censorship, 1907, IVa, 5i(m) 125 

property, private; not confiscable, 1899, Ila, 46; 1907, IVa, 46 123 

transportation and news appliances, and war material, 1899, Ila, 53, 54; 1907, 

IVa, 53{m), 54(n} 125, 126 



INDEX-DIGEST 293 

Page 

property, state, destruction, etc., of, 1899, ITa, 23, 55; 1907, IVa, 23, 55 116, 126 

susceptible military use, seizure, etc., 1899, Ila, 53; 1907, IVa, }3 125 

railway and telegraphic material, 1899, Ila, 53; 1907, IVa, 53 126 

real property, limitations on control, 1899, Ila, 55; 1907, IVa, 55 126 

religious practices, etc., to be respected, 1899, Ila, 46; 1907, IVa, 46 123 

requisitions, 1899, Ila, 52; 1907, IVa, 52 125 

sovereignty of, 1899, Ila, 43; 1907, IVa, 43 123 

submarine cables, 1907, IVa, 3j(m), 54(n) 126 

taxes, dues, and tolls; assessment, collection and disbursement, 1899, Ila, 48, 49, 51; 

1907, IVa, 48, 49, Si 124 

imposed for benefit of the state; collection, and disbursement, 1899, Ila, 48; 1907, 

IVa, 48 124 

Officers 

of militia and volunteer corps, 1899, Ila, /; 1907, IVa, i 107 

as prisoners of war 

statement of rank, if questioned, 1899, Ila, 9; 1907, IVa, 9 110 

pay, 1899, Ila, //; 1907, IVa, //(m) 114 

parole, 1899. Ila, //; 1907, IVa, // Ill 

parole when interned in neutral territory, 1907, V, 11 135 

of captured enemy merchant ship 

when nationals of neutral state, 1907, XI, 5 184 

■when nationals of enemy state, 1907, XI, 6 185 

Opening: of hostilities. See also UDder Merchant ships, enemy. 

convention relative to, 1907, III 96 

ratifications and adhesions 98 

denunciation, method of, 7 98 

notice to enemy, 1907, III, / 96 

notice to neutral powers, 1907, III, z 96 

Pacific settlement of international dispntes. See also Arbitration; Mediation. 

convention for, 1899, I; 1907, I, texts 41 

ratifications, adhesions and reservations 81 

conditions of adhesion, 1899, I, 60; 1907, I, 94 79 

denunciation, method of, 1899, I, 61; 1907, I, 96 80 

Panama 

adhesions and dates thereof 231 

delegate to second conference 17 

ratifications and dates thereof 238, 239 

signatory of 1910 additional protocol 208 

Paragnay 

adhesions and dates thereof 232 

delegate to second conference 17 

signatory of 1910 additional protocol 208 

Parlementaire 

abusing privileges, 1899, Ila, 33; 1907, IVa, 33 120 

accompanied by whom, 1899, Ila, 32; 1907, IVa, 32 119 

commander not in all cases obliged to receive, 1899, Ila, 33; 1907, IVa, 33 120 

definition, 1899, Ila, 32; 1907, IVa, 32 119 

detention for cause, 1899, Ila, 33; 1907, IVa, 33 120 

loss of inviolability, 1899, Ila, 34; 1907, IVa, 34 120 

rights and privileges, 1899, Ila, 32; 1907, IVa, 32 119 

treason provoked or committed by, 1899, Ila, 34; 1907, IVa, 34 120 



294 INDEX-DIGEST 

Parole Page 

breach; penalty, 1899, Ila, is; 1907, IVa, I2 Ill 

duty of government of paroled prisoner of war, 1899, Ila, lo; 1907, IVa, jo Ill 

officers interned by neutrals, 1899, Ila, 57; 1907, V, //; 1907, XIII, 34 127,135,214 

prisoner can not be compelled to accept, 1899, Ila, 11; 1907, IVa, ii Ill 

not entitled to parole, 1899, Ila, //; 1907, IVa, 11 Ill 

Passagre 

through neutral territory of goods and persons, 1907, V, 14 135 

through neutral waters by belligerent vessels, 1907, XIII, 10 211 

Penalty 

for violations of laws of war by state, 1907, IV, 3 103 

for individual acts of inhabitants, 1899, Ila, so; 1907, IVa, 50 124 

unjustifiable adoption of naval or military marks, 1907, X, ^/(n) 173 

Permanent administrative council. See Adminietrative council. 

Permanent arbitration court. See Arbitration, permanent court. 

Persia 

delegates to first and second conferences 19 

ratifications and dates thereof 232 

reservations to 1907 Convention X 181,256 

to 1907 Convention XII 208,256 

1907 Convention XIII 218,258 

signatory of 1910 additional protocol 208 

Peru 

adhesions and dates thereof 232 

delegates to second conference 19 

reservation to 1907 Convention II 95, 248 

signatory of 1910 additional protocol 208 

Pillag:e 

laws to be enacted to prevent, 1907, X, 2i{n) 173 

prohibition, 1899, Ila, 47; 1907, IVa, 47 123 

even when place is taken by storm, 1899, Ila, 28; 1907, IVa, 28; 1907, IX, 7 118, 159 

protection of wounded, sick, shipwrecked, and dead against, 1907, X, /6(n) 171 

Pilots, neutral 

employment by belligerents permitted, 1907, XIII, // 211 

Plenipotentiaries to ttie HagTue Conferences 

index of names 260 

Poison or poisoned arms 

prohibition, 1899, Ila, 23; 1907, IVa, 23 116 

Portugal 

adhesion and date thereof 232 

delegates to first and second conferences 19 

ratifications and dates thereof 238, 239 

signatory of 1910 additional protocol 208 

Postal correspondence 

must be forwarded as soon as possible if ship is detained, 1907, XI, 1 182 

on neutral or enemy ship is inviolable unless intended for blockaded port in viola- 
tion of blockade, 1907, XI, / 182 



INDEX-DIGEST 295 



Prestation. See Angrary. Page 

Prisoners of war. See also Information bureau reg'arding prisoners of war; In- 
ternment ; Parole. 

in naval war 

belligerents shall inform each other of changes in dead and wounded, 1907, X, /7(n) 171 
crew of enemy merchant ship, when nationals of neutral state, are not made, 1907, 

XI, 5 183 

crew, nationals of enemy state, if they agree not to aid in war, are not made, 1907, 

XI, 6 184 

medical staff of captured ship are not, 1899, III, 7; 1907, X, 10 169 

officers, nationals of neutral state, if they promise not to serve on enemy vessel, are 

not made, 1907, XI, 5 183 

religious staff of captured ship are not, 1899, III, 7; 1907, X, to 169 

sick and wounded in hands of enemy are, 1899, III, 9; 1907, X, 14 170 

in war on land 

board, lodging, and clothing, 1899, Ila, 5, 7; 1907, IVa, 5, 7; 1907, V, iz 108,109,135 

burial; regard to grade and rank, 1899, Ila, 79; 1907, IVa, i() 115 

civilians, 1899, Ila, /.?; 1907, IVa, 13 112 

confinement, when authorized, 1899, Ila, 5; 1907, IVa, 5(m) 108 

where authorized, 1899, Ila, 5; 1907, IVa, 5 108 

death certificates, 1899, Ila, 19; 1907, IVa, 19 115 

entitled to what, 1899, Ila, 7; 1907, IVa, 7 109 

escaping into neutral territory, 1907, V, 11 135 

impost duties on gifts, 1899, Ila, i6\ 1907, IVa, 16 114 

insubordination, how dealt with, 1899, Ila, *; 1907, IVa, S 110 

labor; settlement of conditions, 1899, Ila, 6; 1907, IVa, 6(m) 109 

for public service, 1899, Ila, 6; 1907, IVa, 6 109 

for private service, 1899, Ila, 6; 1907, IVa, 6 109 

wages; disposition, 1899, Ila, 6; 1907, IVa, 6 109 

laws, regulations, and orders to which subject, 1899, Ila, 5; 1907, IVa, 5 110 

maintenance, who is charged with, 1899, Ila, 7; 1907, IVa, 7; 1907, V, I2 109,135 

military jurisdiction over, 1899, Ila, 4\ 1907, IVa, 4 108 

name and rank, must state, when, 1899, Ila, 9; 1907, IVa, 9 110 

newspaper reporters, 1899, Ila, /j; 1907, IVa, 13 112 

non-combatants as, 1899, Ila, y, 1907, IVa, 3 108 

officers' pay, 1899, Ila, 17; 1907, IVa, /7(m) 114 

postage free, 1899, Ila, i6\ 1907, IVa, 16 114 

property; disposition, 1899, Ila, 4; 1907, IVa, 4 108 

questions which must be answered truthfully, 1899, Ila, 9; 1907, IVa, 9 110 

recaptured after successful escape, 1899, Ila, 5; 1907, IVa, S 110 

relief societies, 1899, Ila, ly, 1907, IVa, 15 113 

religious freedom, 1899, Ila, /S; 1907, IVa, iS 114 

repatriation, 1899, Ila, 20\ 1907, IVa, !0 115 

return or card for, 1899, Ila, 14\ 1907, IVa, 14 112 

sick and wounded, 1899, Ila, zi; 1907, IVa, 2i; 1907, V, 14, 15 115,135,136 

subject to military jurisdiction, 1899, Ila, 4, 8; 1907, IVa, 4, 8 108,110 

taken into neutral territory, 1907, V, 13 135 

treatment, humane, 1899, Ila, 4; 1907, IVa, 4 108 

who can claim status of, 1899, II, 13; 1907, IVa, 13 112 

treated as, 1899, Ila, 3; 1907, IVa, 3 108 

wills, 1899, Ila, 19; 1907, IVa, 19 US 

wounded and sick, 1899, Ila, 21; 1907, IVa, 2i; 1907, V, 13, 14, 15 115,135,136 

Prize. See also International prize court. 

brought into neutral port, 1907, XIII, 2T, zz 213, 214 

captured in neutral waters must be liberated, 1907, XIII, 3 210 



296 INDEX-DIGEST 

Prize Court Page 

international. See International prize court; Additional protocol. 

national 

in neutral territory or waters, 1907, XIII, 4 210 

when decision as to nullity or validity of capture may not be brought before inter- 
national court 206 

basis of appeal to international prize court from, 1907, XII, s 189 

can deal in only two instances with case, 1907, XII, 6 190 

decision and record of case are sent from international prize court to, 1907, XII, 45 

(amended by additional protocol. Article 7) 199, 207 

local law determines method of appeal to international prize court from, 1907, 

XII, 6 190 

Procedure, arbitration. See Arbitration procedure. 

Property 

enemy's appropriation of, 1899, Ila, 23, 53, 54; 1907, IVa, 23, 53, 54 116,125,126 

destruction of, etc., 1899, Ila, 23; 1907, IVa, 23 116 

military necessity affecting, 1899, Ila, 23, 53, 54; 1907, IVa, 23, 53, 54 116,125,126 

enemy's, state, real, held by occupant, rule governing, 1899, Ila, 55; 1907, IVa, 55.... 126 

occupant, acts as administrator, 1899, Ila, 55; 1907, IVa, 55 126 

municipal, 1899, Ila, 56; 1907, IVa, 5<5 127 

munitions of war, 1899, IVa, 53; 1907, IVa, S3 125 

of prisoners of war, 1899, Ila, 4; 1907, IVa, 4 108 

of hospital staff on captured vessel, 1899, III, 7; 1907, X, /o 169 

private; classes susceptible direct military use, 1899, Ila, 5J, 54; 1907, IVa, S3, 54.. 125, 126 

confiscation, 1899, Ila, 46, 47, 56; 1907, IVa, 46, 47, 56 123,127 

must be respected, 1899, Ila, 46; 1907, IVa, 46 123 

pillage forbidden, 1899, Ila, 28, 47; 1907, IVa, 28, 47 118,123 

seizure, 1899, Ila, 23 g, S3, 54; 1907, IVa, 23 g, 53, 54 116, 125, 126 

susceptible of direct military use, 1899, Ila, 53; 1907, IVa, 53 125 

public, movable; military use, 1899, Ila, 53; 1907, IVa, 53 125 

religious, charitable, educational, art and scientific institutions, 1899, Ila, 56; 1907, 

IVa, s6 127 

requisitions, 1899, Ila, 52; 1907, IVa, 52 125 

state, real, 1899, Ila, $5; 1907, IVa, 55 126 

usable for transmission of news, 1899, Ila, 53, 54; 1907, IVa, S3t 54 125,126 

transportation of persons and things, 1899, Ila, 53; 1907, IVa, 53 125 

Quarter 

can not be refused, 1899, Ila, 23; 1907, IVa, 23 116 

Railway material 

enemy; conditions of requisition, 1899, Ila, 53; 1907, IVa, 5j(m) 126 

from neutral states in occupied territory, 1899, Ila, 54; 1907, V, 19 126,137 

Receipt 

shall be given for contribution, 1899, Ila, 5/; 1907, IVa, 51 125 

supplies, 1899, Ila, 5^; 1907, IVa, 52; 1907, IX, 3 125,158 

Recommendation 

Third peace conference, 1907, f 29 

Recruiting 

in neutral territory by belligerents prohibited, 1907, V, 4 134 

Red cross. See also Flag. 

brassard, misuse forbidden, 1899, Ila, 23; 1907, IVa, 23 116 

reservation of Persia respecting 181 

of Turkey 181 



INDEX-DIGEST 297 

Relief Rocieties Page 

for prisoners of war, 1899, Ila, 15; 1907, IVa, 15 113 

and hospital ships, 1899, III, 2, 3; 1907, X, 2, ^(ni) 164,165 

Religion 

buildings devoted to, destruction of, 1899, Ila, 56; 1907, IVa, 56 127 

protection to be given to, 1899, Ila, 27; 1907, IVa, 27; 1907, IX, 5 118,158 

signs to indicate, 1907, IX, 5; 1899, Ila, 27; 1907, IVa, 27 158,118 

exercise of, by prisoners of war, 1899, Ila, 18; 1907, IVa, 18 114 

military occupant must respect, 1899, Ila, 46; 1907, IVa, 46 123 

religious staff on captured vessel is inviolable, 1899, III, 7; 1907, X, 10 169 

may take private property with them, 1899, III, 7; 1907, X, 10 169 

salaries, 1899, III, 7; 1907, X, 70(m) 169 

vessels with religious mission, exempt from capture, 1907, XI, 4 183 

and the 24-hour rule, 1907, XIII, /■; 212 

I 
Repairs. See under War-shipg, belligerent. 

Repatriation 

of prisoners of war, 1899, Ila, 20; 1907, IVa, 20 115 

Reporters 

rights as prisoners of war, 1899, Ila, 13; 1907, IVa, 13 112 

Reprisals. See under Penalty. 

Requisition 

of enemy merchant ship on high seas and ignorant of war, 1907, VI, 3 142 

of enemy merchant ship unable to leave enemy port within time limit, 1907, VI, 2 141 

should be authenticated by receipts, 1899, Ila, 52; 1907, IVa, 32 125 

should be for the necessities only of the army, 1899, Ila, 32; 1907, IVa, 52; 1907, 

IX, 3 125,158 

should be in proportion to resources of the country, 1899, Ila, 52; 1907, IVa, 5^; 

1907, IX, 3 125, 158 

should be paid for in cash if receipt is not given, 1899, Ila, 52; 1907, IVa, y; 1907, 

IX, 3 125, 158 

should be under authority of commanding officer, 1899, Ila, 52; 1907, IVa, 52 125 

town may be bombarded for refusal of, 1907, IX, 3 158 

Reservations 

to 1899 Conventions 

Germany, to Convention III 178 

Great Britain, to Convention III 179 

Roumania, to Convention I 82 

Servia, to Convention I 83 

Turkey, to Conventions I and III 83,179 

United States, to Conventions 1 and III 84,179 

to 1907 Conventions 

Argentine Republic, to Conventions II and V 92,140 

Austria-Hungary, to Convention IV 131 

Bolivia, to Convention II 93 

Brazil, to Convention I 85 

Chile, to Conventions I, IX, and XII 86, 162, 208 

China, to Conventions X and XIII 180,218 

Colombia, to Convention II 93 

Cuba, to Convention XII 208 

Dominican Republic, to Conventions II, VIII, and XIII 93,156,218 

Ecuador, to Conventions II and XII 93,208 

France, to Conventions VIII and IX 156, 162 



298 INDEX-DIGEST 

Page 

Germany, to Conventions, IV, VI, VIII, IX, and XIII 132,145,156,162,218 

Great Britain, to Conventions V, VIII, IX, X, and XIII 140,156,162,181,218 

Greece, to Conventions I and II 86, 94 

Guatemala, to Conventions II and XII 94, 208 

Haiti, to Convention XII 208 

Japan, to Conventions I, IV, IX, and XIII 86,132,162,218 

Montenegro, to Convention IV 132 

Nicaragua, to Convention II 94 

Persia, to Conventions X, XII, and XIII 181,208,218 

Peru, to Convention II 95 

Roumania, to Convention I 86 

Russia, to Conventions IV and VI 132,145 

Salvador, to Conventions II and XII 95, 208 

Siam, to Conventions VIII, XII and XIII 156,208,218 

Switzerland, to Convention I and Final Act 40, 86 

Turkey, to Conventions I, IV, VII, VIII, X, XII, and XIII, 

86, 132, ISO, 156, 181, 208, 218 

United States, to Conventions I, II and XIII 87,95,219 

Uruguay, to Conventions II and XII 95,208 

Resolutions 

limitation of military expenditure, 1899, £; 1907, £ 28 

Roumania 

delegates to first and second conferences 20 

ratifications and dates thereof 232, 238, 239 

reservation to 1899 Convention I 82,233 

to 1907 Convention I 86,240,241 

Ruses of war ' 

allowed, 1899, Ila, 24; 1907, IVa, 24 117 

Russia 

delegates to first and second conferences 20 

ratifications and dates thereof 232, 238, 239 

reservation to 1907 Convention IV 132, 250, 251 

to 1907 Convention VI 145,252,253 

Salvador 

adhesions and dates thereof 232 

delegates to second conference 21 

ratifications and dates thereof 238, 239 

reservation to 1907 Convention II 95, 248, 249 

to 1907 Convention XII 208,256 

signatory of 1910 additional protocol 208 

Sanitary formations and establishments. See also Geneva Convention; Hospital 
sliips. 

convoys of evacuation in neutral territory, 1907, V, 14 135 

medical personnel, captured, pay and allowances of, 1899, Ila, 17, 18; 1907, IVa, 

17, 18 114 

Scientific purposes 

establishments treated as private property, property of, 1899, Ila, 56; 1907, IVa, 56... 127 
should be designated and protected during bombardment, 1899, Ila, 27; 1907, IVa, 

27; 1907, IX, 5 118,158 

vessels exempt from capture, 1907, XI, 4 183 

exempt from twenty-four-hour rule, 1907, XIII, 14 212 



INDEX-DIGEST 299 

Search. See Visit and search. Page 

Servia 

delegates to first and second conferences 22 

ratifications and dates thereof 232 

reservation to 1899 Convention 1 83, 233 

Shipwreclicd. See under Sick and wounded in naval warfare. 

Siam 

delegates to first and second conferences 22 

ratifications and dates thereof 232, 238, 239 

reservation to 1907 Convention VIII 156, 254, 2S5 

to 1907 Convention XII 208,256 

1907 Convention XIII 218,258,259 

signatory of 1910 additional protocol 208 

Siclc and wounded 

in land warfare 

brought through neutral territory, 1899, Ila, 59; 1907, V, 14 128,135 

collected in buildings, protection to be given during bombardment, 1899, Ila, 27; 

1907, IVa, i7 118 

Geneva Convention covers, 1899, Ila, 21; 1907, IVa, 21 115 

interned in neutral territory, Geneva Convention applies to, 1899, Ila, 60; i907, 

V, 15 129, 136 

in naval warfare 

belligerents may appeal to neutral merchant ships and yachts to take, 1907, X, 9(n) 168 
belligerents may demand that hospital ships, private yachts, etc., hand over, 1907, 

X, I2(n) 170 

belligerents shall send to each other description of, 1907, X, /7(n) 171 

neutral state shall be reimbursed for expenses of caring for, 1907, X, I5(n) 171 

powers will enact criminal legislation to prevent pillage of, 1907, X, 2l(n) 173 

landed at neutral port must be prevented from taking part in hostilities again, 

1907, X, 7j(n) 171 

neutral merchant ships committing no violation of neutrality, will not be captured 

for saving, 1899, III, 6; 1907, X, 9(n) 168 

of one belligerent are prisoners of war in hands of other, 1899, III, 9; 1907, X, 14.. 170 

of whatever nationality shall be cared for, 1899, III, 8; 1907, X, // 169 

prisoners of war, disposal of, 1899, III, 9; 1907, X, 14 170 

shipwrecked, belligerents after engagement see to examination of dead, take care 

of and prevent ill-treatment of, 1907, X, /(5(n) 171 

taken on board neutral war-ship must not take part in war again, 1907, X, I3(n) . . . 170 

Sick wards 

are not protected if used for injuring the enemy, 1907, X, S(n) 168 

may be used for other purposes if necessity requires, and sick and wounded are 

cared for, 1907, X, ;(n) 167 

on board shall be protected in fight, 1907, X, 7(n) 168 

Sigrnatory Powers 

to 1899 Conventions and Declarations 230-232 

to 1907 Conventions and Declaration 236-239 

to 1910 additional protocol 237, 239 

Spain 

adhesion and date thereof 238, 239 

delegates to first and second conferences 10 

ratifications and dates thereof 232, 238, 239 

signatory of 1910 additional protocol 208 



300 INDEX-DIGEST 

Special mediation. See Mediation and good offices. Page 

Spy 

defined, 1899, Ila, 2g\ 1907, IVa, zg 1 18 

immunity from pvinishment on subsequent capture, 1899, Ila, 3/; 1907, IVa, 31 119 

must be tried before punishment, 1899, Ila, 30; 1907, IVa, 30 119 

soldier not wearing disgruise in enemy zone is not a, Ila, ^p; 1907, IVa, 2g 118 

Submarine mines. See Mines. 

Supplies 

furnished belligerents by neutrals, 1907, V, jS 136 

shipment of, from neutral territory, rule governing, 1907, V, 7 134 

Supplies and loans 

when not unneutral, 1907, V, iS 136 

Surrender 

of sick and wounded by hospital ships, 1907, X, J^(n) 170 

wounding or killing after, 1899, Ila, 23; 1907, IVa, 23 116 

Sutlers 

status as prisoners of war, 1899, Ila, 13; 1907, IVa, 13 112 

Sweden. See also Sweden and Norway. 

delegates to second conference 23 

ratifications and dates thereof 232, 238, 239 

sigrnatory of 1910 additional protocol 208 

Sweden and Norway. See also Norway; Sweden. 

delegates to first conference 23 

ratifications and dates thereof 231, 232 

Switzerland 

adhesion and date thereof 232 

delegates to first and second conferences 23 

ratifications and dates thereof 232, 238, 239 

reservation to 1907 Convention 1 86,240,241 

to 1907 Final Act 40,258 

signatory of 1910 additional protocol 208 

Taxes 

collection in territory occupied by belligerent, 1899, Ila, ^S; 1907, IVa, 4^ 124 

Telegraphs and telephones. See also Cables. 

in neutral territory, 1907, V, S 134 

in occupied territory, 1899, Ila, 55; 1907, IVa, 53 125 

Theater of war 

armistice settles what communications may be held with inhabitants, 1899, Ila, 59; 

1907, IVa, 39 121 

Third Peace Conference 

recommendation of 1907 as to date, 1907 f 29 

as to preparatory committee, 1907 f 30 

program, 1907 f 30 

organization and procedure, 1907 f 30 

Three-months rule 

respecting fuel supplies in neutral ports, 1907, XIII, 20 213 



INDEX-DIGEST 301 

Torpedoes Page 

kinds forbidden, 1907, VIII, i 151 

Transportation 

appliances of communication and, 1899, Ila, 53, 54; 1907, IVa, 53; 1907, V, /p.. 125, 126, 137 

Treachery 

as a means of injuring the enemy, 1899, Ila, 23b; 1907, IVa, 23b 116 

Treason 

provoked or committed by parlementaire, 1899, Ila, 34; 1907, IVa, 34 120 

Truce, flag of. See also Parlementaire. 

misuse forbidden, 1899, Ila, 23; 1907, IVa, 23 116 

Turkey 

delegates to first and second conferences 24 

ratifications and dates thereof 232 

reservation to 1899 Convention 1 83, 234 

to 1899 Convention III 179,234 

1907 Convention I 86, 240 

1907 Convention IV 132, 250 

1907 Convention VII 150, 252 

1907 Convention VIII 156, 254 

1907 Convention X 181, 254, 255 

1907 Convention XII 208, 256 

1907 Convention XIII 218, 258 

signatory of 1910 additional protocol 208 

Twenty-fonr-honr rule 

military hospital ships not on same footing as war-ships, 1899, III, j; 1907, X, 1 164 

respecting belligerent war-ships in neutral ports, 1907, XIII, is, 13, 14, 16 211,212 

war-ships devoted to religious, etc., purposes exempt, 1907, XIII, 75 212 

Undefended place 

bombardment prohibited, 1899, Ila, 25; 1907, IVa, 25; 1907, IX, i 117,157 

effect of protection by automatic submarine mines, 1907, IX, / 157 

naval bombardments to secure requisitions, 1907, IX, 3 158 

for money contributions forbidden, 1907, IX, 4 158 

Unfriendly act 

neutral power using rights secured to it by 1907, XIII, is not committing, 1907, 

XIII, 26 215 

offer of mediation on the part of third powers is not an, 1899, I, 3; 1907, I, j(m) . . . . 43 
reminding disputants of existence of arbitration court, is not an, 1899, I, 27; 1907, 

I, 48 61 

Uniforms 

of enemy; improper use forbidden, 1899, Ila, 23 f; 1907, IVa, 23 f 116 

of prisoners of war, 1899, Ila, 4; 1907, IVa, 4 108 

United States 

adhesion and date thereof 238, 239 

delegates to first and second conferences 2 

ratifications and dates thereof 232, 238, 239 

reservation to 1899 Convention 1 84, 234 

to 1899 Convention III 179,234 

1907 Convention I , 87,242,243 

1907 Convention II , 95,249 



302 INDEX-DIGEST 

Page 

1907 Convention XIII 219, 259 

signatory of 1910 additional protocol 208 

Uruguay 

adhesions and dates thereof 232 

delegates to second conference 24 

reservations to 1907 Convention II 95, 248 

to 1907 Convention XII 208,256 

signatory of 1910 additional protocol 208 

Venezuela 

adhesions and dates thereof 232 

delegate to second conference 24 

Vessels 

seizure of public and private, in occupied territory, 1899, Ila, 33; 1907, IVa, 5i(m).. 125 

Visit and search 

in neutral waters, 1907, XIII, 2 210 

of neutral mail ships, 1907, XI, i 183 

Voeux 

revision of Geneva Convention, 1899, f 28 

rights and duties of neutrals, 1 899, f 29 

types and calibers of guns, 1899, f 29 

limitation of armed forces and war budgets, 1899, f 29 

private property in naval war, 1899, f 29 

naval bombardment of ports, etc., 1899, f 30 

judicial arbitration court, 1907, f 28, 31 

maintenance of relations between belligerent and neutral countries, 1907, f 29 

military charges on resident aliens, 1907, f 29 

laws and customs of naval war, 1907, f 29 

Volunteer aid societies. See Relief societies. 

Volunteer corps 

status, 1899, Ila, i; 1907, IVa, 1 107 

War 

not interrupted by mediation, 1899, I, 7; 1907, I, 7 44 

War crinaes. See under Forbidden acts. 

War on land. See also Belligerents ; Prisoners of war ; Geneva Convention ; 
Means of injuring: the enemy; Bombardment; Spy; Parlementaire ; Capitu- 
lation; Armistice; Occupied territory. 

laws and customs, conventions, 1899, II; 1907, IV (see marginal notes) 100 

signatory, ratifying and adhering Powers 129-131 

reservations made 131, 132 

War on sea. See Naval war. 

War-ships, belligerent 

in neutral ports. See also under Internment. 

domestic law governing to be notified to Powers, 1907, XIII, 27 215 

increasing armament, crews, or war material, 1907, XIII, 18 213 

number present at one time, 1907, XIII, 15 212 

order of departure, 1907, XIII, 16 212 



INDEX-DIGEST 303 

Page 

quantity of provisions permitted, 1907, XIII, 19 213 

repairs, 1907, XIII, // 213 

taking on fuel, 1907, XIII, jp 213 

three-months rule, 1907, XIII, so 213 

twenty-four-hour interval rule as to departure of hostile vessels, 1907, XIII, i6.... 212 

twenty-four-hour stay rule, 1907, XIII, I2, 13 211,212 

exceptions: damage or stress of weather, 1907, XIII, 14 212 

religious, scientific and philanthropic missions, 1907, XIII, 14 212 

conversion of merchantmen into; convention 1907, VII 146 

wniB 

of prisoners of war, 1899, Ila, 19; 1907, IVa, 19 115 

Wireless telegraphs 

seizure, etc., rules as to, 1899, Ila, 53; 1907, IVa, 53 12S 

Wounded. See Sick and wounded. 

Yachts 

belligerents may appeal to them to take sick and wounded, 1907, X, 9(n) 168 

taking on wounded or sick can not be captured therefor, 1899, III, 6; 1907, X, 9 168 

wounded and sick on board must be handed over to demanding belligerent, 1907, 

X, I2{n) 170 

Zone, dang-er 

notification by belligerent to mariners through diplomatic channel, 1907, VIII, 3 {re 

mines) 152 



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Hague. Netherlands. Internat- 
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The Hague conventions and 
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